Saturday, May 5, 2012

Commission v. Council (ERTA) case brief

Commission v. Council (ERTA) 
Implied Powers

-Dispute b/t commission and council over whether the Commission or member states had right to negotiate the European Road Transport Agreement with non-Member states. (Council)


-whenever the EC has promulgated internal rules in a certain field---for instance, has taken measures binding on the member states---then the powers to act externally in that field are created. Moreover, under certain conditions, these powers will be of an exclusive nature: as soon as the EC comes into possession of these powers, the member states will have lost them.


-Each time the community, with a view to implementing a common policy envisaged by the Treaty, adopts provisions laying down common rules, whatever form they may take, Member states no longer have the right, acting either individually or collectively, to undertake obligations with third countries which affect those rules.
-When such common rules come into being, Community alone is in a position to assume and carry out contractual obligations towards 3rd countries affecting the whole sphere of application of the Community legal system.

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