by ELFRIEDE KAPP
Preface by Jan de Meyer
Professor at the University of Louvain and at the College of Europe
Assessor of the Belgian Council of State.
Cahiers de Bruges, N. S. 10
COLLEGE OF EUROPE
TABLE OF CONTENTS
Index of abbreviations
PART I : REASONS FOR AN INTEGRATION OF THE THREE EXECUTIVES AND THE DIFFICULTIES ENCOUNTERED
Chapter I. - Introduction - The Juxtaposition of the 3 Executives.
1. The demand for co-ordination in particular of the executives because of the inter-dependence of all branches of economy.
2. The necessity for cooperation in the internal affairs of the Communities.
3. Regulations in the same spheres and contradicting provisions, in part, contained in the Treaties of [the] ECSC, EEC and Euratom.
a) The sector of transport
b) The sphere of social policy
c) The sphere of power resources
d) The sphere of commercial policy
e) The inconveniences resulting from the co-existence of 3 different and legally independent Treaties, the dispersion of jurisdictions concerning the same matters, and the over-lapping of tasks all demand a palliation, which largely depends on the action of the 3 executives and on the relations between them.
4. Provisions of the Treaties yielding a basis for co-ordinated action between the Executives.
Chapter II. - The solutions with regard to the co-ordination of the Executives and to that of the Communities.
1. Conclusion of agreements between the Executives;
inter-communitarian administrative agreements
Criticism of this solution.
2. Personal-union : the 3 Executives being filled with the same personalities. - Criticism of this solution.
3. Merger of the 3 Executives into one single Executive, acting for the 3 Communities, executing the powers of the former 3 Executives.
Objections against this merger :
a) The existence of different powers within the single Executive.
Example of the Governments, the European Parliamentary Assembly.
The organisation of powers within [the] ECSC, EEC and Euratom is not substantially different.
b) The watering-down of the supra-national powers.
c) The adhesion of other countries to the Communities.
d) The feasibility of a single Executive with regard to the technical aspect.
Chapter III. - Conclusion : The merger of the 3 Executives as a first step towards a final goal:
The harmonization of the 3 Treaties and the merger of the 3 Communities.
The opportuneness [sic] of this order of succession regarding the political angle.
PART II : THE ESTABLISHMENT OF A SINGLE EXECUTIVE.
Chapter I. - Unification of the different provisions of the 3 Treaties concerning the organization of the executives, laid down in a "Convention" to be concluded between the member States of the 3 European Communities.
1. Composition of the Executive.
a) Number of members
b) Ateration of the number of members
c) Selection-rules for the members.
2. Appointment of the members of the Executive.
a) Nomination of members :
i) System of nomination of the High Authority
ii) System of nomination of the EEC- and Euratom- Commissions.
iii) Solutions proposed for the single Executive's system of nomination.
b) Terms of office of the members.
c) Re-appointment of members.
d) Replacement of members.
3. Provisions relating to the internal organization of the Executive.
a) Collegiate principle
b) Decisions of the Executive
d) Rules of procedure
e) Presidency of the Executive
4. Privileges and Immunities of the Executive as such.
5. Name of the single Executive.
6. Seat of the Executive.
7. Languages of the Executive.
8. Legal status of the members of the Executive.
a) Duties :
i) Duty of collaboration
ii) Duty of independence
iii) General negative duty
iv) Duty of official secrecy
v) Duty to remain in office until replacement
b) Rights :
i) Right of participation
ii) Right of independence
iii) Right to receive salaries, allowances and pensions
vi) Right of resignation
c) Disciplinary measures :
i) Waiving of the immunity
ii) Forfeiture of the right to a pension
iii) Removal from office
iv) Provisional suspension from duties
v) Art. 194 I [of the] Euratom-Treaty.
9. Termination of the term of office.
a) The Assembly's right of censure vis-à-vis the executive
b) Publication of the Annual Report by the executive.
11. Operational expenses of the Single Executive.
Chapter II. - Procedure concerning the alteration of the Treaties.
1. Autonomous alteration of the Treaties through the organs of the Communities.
2. Alteration of the Treaties by the member States according to the procedure prescribed by the Treaties.
3. Alteration of the Treaties by the member States without observation of the procedure prescribed by the Treaties.
Chapter III. - Draft of a "Convention Relating to an Executive Institution Common to the three European Communities."
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