Search results for: the-court-of-justice-of-the-european-coal-and-steel-community

The Court of Justice of the European Coal and Steel Community

Author : D.G. Valentine
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THE CREATION OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY On 9th May, 1950, M. Robert Schuman, the then Foreign Minister of France, speaking at a Press Conference in Paris, outlined the idea of establishing a Community within Europe to control the production of coal and steel. "The French Govern ment", he stated, "propose to place the whole of the Franco German production of coal and steel under a common high authorityl within an organisation open to the participation of other countries of Europe ... This will form the first concrete step towards a European Federation, which is indispensable for peace" 2. This statement, apart from the specific mention of a high authority, does not mention any proposed organs of such a Community, and, as will appear, no firm idea of the Community's structure existed at all at that date. Six weeks after this announcement in Paris, a Conference composed of the six States that were to form the Coal and Steel 4 Community3 met under the presidency of M. Monnet • This Conference continued its work "consciencieux et discret, rue 5 Martignac" until March, 1951 • The first reference that one finds to a judicial organ to control the activity of the Community is contained in the document sub mitted by the Commissariat general au Plan 6. When compared with 1 The term is given in small letters as a description rather than as a title. 2 Bulletin Quotidien, llth May, 1950.

The Court of Justice of the European Coal and Steel Community

Author : Donald Graham Valentine
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THE CREATION OF THE COURT OF JUSTICE OF THE EUROPEAN COAL AND STEEL COMMUNITY On 9th May, 1950, M. Robert Schuman, the then Foreign Minister of France, speaking at a Press Conference in Paris, outlined the idea of establishing a Community within Europe to control the production of coal and steel. "The French Govern ment", he stated, "propose to place the whole of the Franco German production of coal and steel under a common high authority! within an organisation open to the participatio~ of other countries of Europe ... This will form the first concrete step towards a European Federation, which is indispensable for peace" 2. This statement, apart from the specific mention of a high authority, does not mention any proposed organs of such a Community, and, as will appear, no firm idea of the Community's structure existed at all at that date. Six weeks after this announcement in Paris, a Conference composed of the six States that were to form the Coal and Steel 4 Community3 met under the presidency of M. Monnet • This Conference continued its work "consciencieux et discret, rue 5 Martignac" until March, 1951 • The first reference that one finds to a judicial organ to control the activity of the Community is contained in the document sub mitted by the Commissariat general au Plan 6. When compared with 1 The term is given in small letters as a description rather than as a title. 2 Bulletin Q.uotidien, 11th May, 1950.

The Competence of the Court of Justice of the European Coal and Steel Community

Author : D G. Valentine
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The Case Law of the European Coal and Steel Community Court of Justice

Author : W. Riphagen
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The Court of Justice of the European Coal and Steel Community Proefschrift Etc

Author : Donald Graham VALENTINE
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The Relations Between the German Constitutional Court the Court of Justice of the European Communities and the European Court of Human Rights in Ligh

Author : Marija Stambolieva
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Master's Thesis from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: 1, University of Hamburg (Europa Kolleg Hamburg), language: English, abstract: The purpose of this paper is to examine the various interactions among the various courts, the different levels of interaction and the implications to the individual. [...] The modern system or systems of protection of human rights in Europe have been developing together with, as well as within the processes of European integration. These processes started on an intergovernmental level, by the founding of the Council of Europe in 1949, after the end of the Second World War, with the main intention to prevent future devastations and severe violations of human rights in Europe. In 1950 the Member States of the Council of Europe committed to respecting the rights and values expressed in the European Convention on Human Rights (in further text ECHR). The implementation and continuous respect of the ECHR is monitored by the European Court of Human Rights (in further text ECourtHR), according to the criteria set forth by international law. Parallel to that process, another one, mainly in the field of economic integration, was marked by the establishment of the European Coal and Steel Community in 1952, the European Atomic Energy Community and the European Economic Community in 1957 (in further text the European Community/Communities or EC). By "limitation of sovereignty or a transfer of powers from the states to the community," a new "legal system" was created, which "by contrast with ordinary international treaties (...) on the entry into force of the treaty, became an integral part of the legal systems of the member states"1. Thus, in the frameworks of its role as gatekeeper of Community law, the European Court of Justice (in further text ECJ) confirmed the creation of a new sui generis organization. [...] 1 ECJ, Case C-6/64, Costa/E.N.E.L., [1964], I-00585, point 3.

European integration Franco German interests in the European Coal and Steel Community ECSC

Author : Daniel Döring
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Research Paper (undergraduate) from the year 2006 in the subject Politics - International Politics - Topic: European Union, grade: 1,8, The University of Sydney, 6 entries in the bibliography, language: English, abstract: With the 18.04.1951 ratified Schuman-Plan, one of the most important Contracts in European Integration has become valid. The European coal and steel community (ECSC) is overall seen as the first Milestone for the today known European Union (EU). This community was the first step towards the present European parliament, European commission, and the European court of justice. But there is the question, seen from the present point of view, if the Schuman-Plan was the birth of the European supranational community. Was this contract signed by the six nations out of idealistic goals, without any self-interest reasons to create a peaceful Europe? This question is admittedly very hard on the six nations that officially had idealistic reasons when they signed the ECSC Contract. But i will show that this project of a unified Europe was not Jean Monnet’s only goal as it is stated in some present perspectives. On the next pages i will focus on the reasons why the war opponents Germany, France and the other nations were willing the take on this project together. Quoting Kipping’s Work on the Schuman-Plan it is not certain if the plan was motivated more by economic or political reasons. Also it is disputed who the plan was developed by. On one side it is believed that all this was pressured by Jean Monnet and France. A different scenario states that the USA Interest was the empowerment of Germany, and that this was the real pressure behind the Schumann-Plan. A third one is a mix between the first two which states that the USA pressured the nations, but never directly intervened. Along with the controversy above, it is still unsure if peace or economic interests were the reasons for the teamwork of the six nations. At the beginning researchers believed that the main reasons were political and indirectly economical. At the beginning Schumann underlined the great security-political importance of the ECSC, as it stands for a unified Europe and reduced the risk of Germany going its own way in an unknown future. The economic interests by the nations developed later according to Kippings.

Towards a European Public Law

Author : Bernard Stirn
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A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.

European Union Consolidated Treaties

Author : European Union
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This publication contains the texts of the Treaty on European Union and of the Treaty establishing the Economic Community, incorporating the amendments made by the Treaty of Nice, signed on 26 February 2001. It also includes the text of four Protocols adopted at Nice, regarding EU enlargement, the Court of Justice, the European Coal and Steel Community; and article 67 of the treaty establishing the European Community.

One Year of Activity of the Court of Justice of the European Coal and Steel Community

Author : Paolo Gori
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