The Court of Justice—The Invisible Arm

Werner J. Feld
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Werner J. Feld: University of New Orleans

The ANNALS of the American Academy of Political and Social Science, 1978, vol. 440, issue 1, 42-53

Abstract: The Court of Justice of the European Com munities is an essential part in the equilibrium of powers among the major Community institutions. Over the years the Court has contributed significantly to the progress of economic, social, and perhaps political integration through its vigorous development of Community law. Its decisions have a truly supranational nature: they are directly binding on individuals, business enterprises, and governments in the Community member states, without the necessity of addi tional independent affirmative action by the national authori ties. One of the most significant jurisdictional assignments made to the Community Court is the responsibility for treaty interpretations. The extensive jurisprudence of the Court in this area has led to the gradual acceptance of the supremacy of Community Law over conflicting national law. Controversies between Community institutions and member governments about treaty violations have also led to repeated court intervention. In all cases the decisions of the Court have eventually been obeyed. Disputes between member states have up to now not resulted in any Court decisions. A large number of suits filed with the European Court involve matters of administrative law. As a consequence, the administrative law functions of the Court have assumed considerable importance, especially since complaints can be brought by individuals and enterprises regarding actions or inactions of the Commission. Although the power of the Court is consider able, the justices have always denied that the European Com munity has been subjected to a government by the judges.

Date: 1978
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Persistent link: https://EconPapers.repec.org/RePEc:sae:anname:v:440:y:1978:i:1:p:42-53

DOI: 10.1177/000271627844000106

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