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The Merger of the Institutions of the European Communities

Published online by Cambridge University Press:  28 March 2017

Gordon L. Weil
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Extract

On April 8, 1965, the representatives of the six member states (Belgium, France, Federal Republic of Germany, Italy, Luxembourg and The Netherlands) of the European Communities signed the “Treaty Establishing a Single Council and a Single Commission of the European Communities.” The treaty’s principal object is to replace the executive bodies of the three Communities, i.e., the Commissions of the European Economic Community (E.E.C.) and the European Atomic Energy Community (EURATOM) and the High Authority of the European Coal and Steel Community (E.C.S.C.) by a single European Commission. At the same time, the Councils of Ministers of these three Communities are to be merged into one Council. This Merger Treaty is intended to be the first step toward the ultimate merger of the E.C.S.C, instituted by the Treaty of Paris of April 18, 1951, and the E.E.C. and EURATOM, instituted by the Eome Treaties of March 25, 1957.

Type
Research Article
Information
American Journal of International Law , Volume 61 , Issue 1 , January 1967 , pp. 57 - 65
Copyright
Copyright © American Society of International Law 1967

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References

1 As published in 4 Int. Legal Materials 776 ft. (1965).

2 46 A.J.I.L. Supp. 107 (1952).

3 51 A.J.I.L. 865, 955 (1957).

4 Cf. Art. 2, Treaty Establishing a Single Council and a Single Commission of the European Communities (hereafter referred to as Merger Treaty); Art. 27, Treaty Establishing the European Coal and Steel Community (hereafter referred to as E.C.S.C. Treaty); Art. 146, Treaty Establishing the European Economic Community (hereafter referred to as E.E.C. Treaty); Art. 116, Treaty Establishing the European Atomic Energy Community (hereafter referred to as EURATOM Treaty).

5 Art. 4, Merger Treaty. Note also Art. 133, EURATOM: Treaty, which provides, in addition to Permanent ^Representatives, for a qualified representative charged with ensuring permanent liaison to be accredited to the Commission by member states.

6 Cf. Art. 28, E.C.S.C. Treaty; Art. 148, E.E.C. Treaty; Art. 118, EURATOM TREATY.

7 Art. 8(2)(a), Merger Treaty, re proposals on direct election of Assembly (Art. 21, E.C.S.C. Treaty), increasing number of judges and advocates general of Court (Arts. 32, 32 bis), certain budgetary powers (Art. 78 (5) and (7)) and powers relating to Court statute.

8 Art. 8(2) (b), Merger Treaty.

9 Art. 28, E.C.S.C. Treaty.

10 Art. 8(3) (b), (c), (d), Merger Treaty.

11 Art. 8(3) (a), Merger Treaty. See pp. 60-62 below.

12 For example, in March, 1966, there were four E.E.C.-EURATOM Council meetings, two principally of Foreign Ministers, two of Agriculture Ministers. There was one E.C.8.C. Special Council meeting composed principally of Ministers of Industry.

13 Art. 10(1), Merger Treaty; Cf. Art. 9, E.C.8.C. Treaty; Art. 157, E.E.C. Treaty; Art. 126, EURATOM Treaty. “Art. 10(1), Merger Treaty. In fact, there has always been full representation of the six nationalities on the High Authority and E.E.C. Commission. There has been no Luxembourg member of the five-member EURATOM Commission.

15 Art. 10(2), Merger Treaty. Cf. Art, 9, E.C.S.C. Treaty. The E.C.S.C. Treaty forbids entry into the coal or steel industries for a period of three years after service on the High Authority.

16 Art. 160, E.E.C. Treaty; and Art. 129, EURATOM Treaty.

17 Art. 11, Merger Treaty.

18 Art. 10, E.C.S.C. Treaty. Note also one other minor change brought about by the Merger Treaty. Art. 12, Merger Treaty, provides that the Council may decide unanimously not to fill a vacancy on the Commission. Art. 12, E.C.S.C. Treaty, provides that no replacement is made when less than three months remains in the term.

19 The E.E.C. Commission has had: 2 Germans, 2 French, 2 Italians, 1 Belgian, 1 Dutch, 1 Luxembourger without change. The High Authority has had: 2 Germans, 2 French, 1 Italian, 1-2 Belgians, 1 Dutch, 1-2 Luxembourgers. From the outset the High Authority adopted the principle of co-opting a trade union representative. In this way labor could participate in decisions directly affecting the industry in which they were employed.

20 Arts. 32, 33, Merger Treaty. See footnote 19.

21 See p. 61 below.

22 Arts. 49, 50, E.C.S.C. Treaty. The various products are coal, steel in several forms, scrap, special steels. Currently the High Authority has set the levy rate at 0.25 per cent. 104 Journal Official des Communautés Européennes 1801 (1965).

23 According to Art. 56, E.C.S.C. Treaty, re-adaptation means retraining, moving and unemployment payments for workers losing their jobs because of plant modernization.

24 Art. 20, Merger Treaty.

25 Art. 78, E.C.S.C. Treaty.

26 Art. 21, Merger Treaty.

27 See European Economic Community, Official Spokesman of the Commission, Commission Proposes Independent Revenues for E.E.C., Strengthening European Parliament and New Rules for Financing Farm Policy, Information Memo P/29(65), April, 1965.

28 Art. 27 (2), Merger Treaty. Of. Art. 24(2), E.C.S.C. Treaty; Art. 144, E.E.C. Treaty, Art. 114, EURATOM Treaty. Also concerning the Assembly, the Merger Treaty (Art. 27(1)) provides that its annual meeting will be held the second Tuesday in March.

29 Art. 29, Merger Treaty.

30 One change results from the fact that in certain cases ﹛e.g., setting salaries and allowances of the members of the High Authority and the Court) the E.C.S.C. Council could act by a simple majority (four-sixths), including one state which produces more than one-sixth of the coal and steel of the Community by value. This could result in a decision being taken by a vote of nine to eight according to E.E.C. rules. The majority now required will be 12 out of 17 votes.

31 The first chamber of the Netherlands States-General gave its approval in November, 1966, the last parliamentary body to do so in the Community.

32 As announced to the press by Luxembourg Prime Minister Pierre Werner, Jan. 30, 1966.

33 Art. 32, Merger Treaty. 34 Art. 6, Protocol on the Privileges and Immunities of the Community, appended to the E.C.S.C. Treaty.

35 Arts. 13, 14, Protocol on the Privileges and Immunities of the European Communities, appended to Merger Treaty.

36 Ibid., Art. 52.

37 Art. 16, Merger Treaty, provides that “the Commission shall adopt rules of procedure to ensure that both it and its administrative services operate in accordance with” the three basic treaties. The existing general directorates are: E.E.C.—nine, plus two services; EUEATOM— nine, plus one service and one agency; E.C.S.C.—seven. After eliminating overlapping functions, there would be approximately 18-21 general directorates which would probably be reduced in number by the single Commission. There are now three joint services: statistics, legal and information. 88 gee E.C.S.C. Representatives of Governments of Member States, Protocol of Agreement on Energy, April 21, 1964.

38 Cf. Arts. 85, 86, E.E.C. Treaty and implementing regulations; and Arts. 65, 66, E.C.S.C. Treaty.

40 See Parlement Européen, Rapport fait au nom de la commission social surles aspects sociaux de la fusion des exécutifs des Communautés, Doc. 38 (May 10, 1965).

41 Modifications to the E.C.S.C. Treaty resulted from: Convention Relating to Certain Institutions Common to the European Communities, appended to E.E.C. and EUKATOM Treaties, 51 A.J.I.L. 1000 (1957); and E.C.S.C. Modifying Treaty of Oct. 27, 1965, and “minor revision” in accordance with Art. 95, E.C.S.C. Treaty.