Keywords
Summary

Keywords

1. AMENDMENT OF THE TREATY WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 95 OF THE ECSC TREATY - AMENDMENT OF THE CONDITIONS FOR THE HIGH AUTHORITY'S EXERCISE OF ITS POWERS - NEW CONDITIONS.

2. AMENDMENT OF THE TREATY WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 95 OF THE ECSC TREATY - PROHIBITION ON INTERFERING WITH THE GENERAL STRUCTURE OF THE TREATY AND WITH THE RELATIONSHIP BETWEEN THE POWERS OF THE COMMUNITY AND THE MEMBER STATES

Summary

1. THE INTRODUCTION OF NEW CONDITIONS PERMITTING THE EXERCISE OF A POWER OF THE HIGH AUTHORITY IN CIRCUMSTANCES OTHER THAN THOSE REFERRED TO IN THE TREATY DOES NOT CONSTITUTE THE GRANT OF A NEW POWER, BUT ONLY AN ADAPTATION OF THE RULES FOR THE EXERCISE OF A POWER ALREADY CONFERRED UPON THE HIGH AUTHORITY.

2. CF. OPINION OF 17 DECEMBER 1959 (REC ., VOL. V (1959)).

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