Keywords
Summary

Keywords

1. AMENDMENT OF THE TREATY WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 95 - LIMITS.

2. AMENDMENT OF THE TREATY WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 95 - AMENDMENT OF THE CONDITIONS FOR THE HIGH AUTHORITY'S EXERCISE OF ITS POWERS - PERMISSIBILITY. 3. AMENDMENT OF THE TREATY WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 95 - AMENDMENT TO THE TREATY LIMITED IN TIME - NOT PERMISSIBLE - UNLAWFUL EXTENSION OF THE TRANSITIONAL PROVISIONS.

4. AMENDMENT OF THE TREATY WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 95 - AMENDMENT APPLICABLE TO ONLY ONE BRANCH OF THE ECSC INDUSTRIES - UNLAWFULNESS.

5. AMENDMENT OF THE TREATY WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 95 - AMENDMENT OF THE TREATY LIMITED IN TIME - NOT PERMISSIBLE - BALANCE OF POWERS BETWEEN INSTITUTIONS OF THE ECSC

Summary

1. IT FOLLOWS FROM THE PROVISIONS OF THE THIRD PARAGRAPH OF ARTICLE 95 TAKEN AS A WHOLE THAT DEROGATION FROM THE PROCEDURE FOR AMENDMENT OF THE TREATY REFERRED TO IN ARTICLE 95 THEREOF IS PERMISSIBLE ONLY WHERE IT DOES NOT INTERFERE WITH THE GENERAL STRUCTURE OF THE TREATY OR THE RELATIONSHIP BETWEEN THE COMMUNITY AND THE MEMBER STATES, PARTICULARLY THE RELATIONSHIP BETWEEN THE POWERS TRANSFERRED TO THE COMMUNITY AND THE POWERS RESERVED TO THE MEMBER STATES.

2. THE DEFINITION OF THE BASIC CONDITIONS TO WHICH THE HIGH AUTHORITY'S EXERCISE OF A POWER IS SUBJECT MAY BE AMENDED PURSUANT TO THE THIRD PARAGRAPH OF ARTICLE 95 IF THAT AMENDMENT RELATES INTER ALIA TO " FUNDAMENTAL ECONOMIC OR TECHNICAL CHANGES DIRECTLY AFFECTING THE COMMON MARKET IN COAL AND STEEL ". IN THAT CASE, SUCH AN AMENDMENT IS IN THE NATURE OF AN ADAPTATION OF THE RULES FOR THE HIGH AUTHORITY'S EXERCISE OF AN EXISTING POWER TO THE NEEDS OF THE NEW SITUATION.

3. LIMITATIONS OF THE VALIDITY OF THE NEW ARTICLE TO A PERIOD EXPIRING BEFORE THE EXPIRY OF THE TREATY IS INCOMPATIBLE WITH THE STRUCTURE OF THE TREATY, THE AUTHORS OF WHICH WERE CONCERNED TO DISTINGUISH CAREFULLY BETWEEN THE DEFINITIVE PROVISIONS, WHICH WERE INTENDED TO REMAIN IN FORCE FOR 50 YEARS, AND THE TRANSITIONAL PROVISIONS. SINCE AMENDMENT UNDER ARTICLE 95 IS APPLICABLE ONLY AFTER THE END OF THE TRANSITIONAL PERIOD, ANY AMENDMENT TO THE TREATY HAVING THE EFFECT OF AMENDING RULES RELATING TO THE TRANSITIONAL PERIOD IS EXCLUDED.

4. IT IS CONTRARY TO THE PROVISIONS OF ARTICLES 2, 3 AND 4 OF THE ECSC TREATY TO PROVIDE FOR AN AMENDMENT, IN THEIR ENTIRETY, OF THE RULES GOVERNING THE EXERCISE OF THE POWERS CONFERRED BY ARTICLE 56 OF THE SAID TREATY, WITH REGARD TO THE COAL INDUSTRY ALONE, EVEN IF AT PRESENT THE NEED FOR AN AMENDMENT IS ONLY BEING FELT IN THAT INDUSTRY.

5. THE BALANCE BETWEEN THE INSTITUTIONS OF THE COMMUNITY WOULD BE JEOPARDIZED IF A NEW PROVISION WERE INSERTED IN THE TREATY, HAVING A PERIOD OF VALIDITY LESS THAN THAT OF THE TREATY