Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61986J0045
Název:
Title: 		JUDGMENT OF THE COURT OF 26 MARCH 1987. COMMISSION OF THE EUROPEAN COMMUNITIES V COUNCIL OF THE EUROPEAN COMMUNITIES. GENERALIZED TARIFF PREFERENCES - APPLICATION FOR THE ANNULMENT OF AN ACT - LEGAL BASIS - OBLIGATION TO GIVE REASONS FOR COMMUNITY ACTS. CASE 45/86.
Publikace:
Publication:		REPORTS OF CASES 1987 PAGES 1493
Předmět (klíčová slova):
Keywords		EXTERNAL RELATIONS;COMMERCIAL POLICY;
Související předpisy:
Corresponding acts:		385R3599;385R3600
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IN ORDER TO SATISFY THE REQUIREMENT TO STATE REASONS WHICH IS LAID DOWN BY ARTICLE 190 OF THE TREATY, COMMUNITY MEASURES MUST INCLUDE A STATEMENT OF THE FACTS AND LAW WHICH LED THE INSTITUTION IN QUESTION TO ADOPT THEM, SO AS TO MAKE POSSIBLE REVIEW BY THE COURT AND SO THAT THE MEMBER STATES AND THE NATIONALS CONCERNED MAY HAVE KNOWLEDGE OF THE CONDITIONS UNDER WHICH THE COMMUNITY INSTITUTIONS HAVE APPLIED THE TREATY. ALTHOUGH FAILURE TO REFER IN THE STATEMENT OF REASONS TO A PRECISE PROVISION OF THE TREATY NEED NOT NECESSARILY CONSTITUTE AN INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS WHEN THE LEGAL BASIS FOR THE MEASURE MAY BE DETERMINED FROM OTHER PARTS OF THE MEASURE, SUCH EXPLICIT REFERENCE IS INDISPENSABLE WHERE, IN ITS ABSENCE, THE PARTIES CONCERNED AND THE COURT ARE LEFT UNCERTAIN AS TO THE PRECISE LEGAL BASIS.

2. IN THE CONTEXT OF THE ORGANIZATION OF THE POWERS OF THE COMMUNITY THE CHOICE OF THE LEGAL BASIS FOR A MEASURE MAY NOT DEPEND SIMPLY ON AN INSTITUTION' S CONVICTION AS TO THE OBJECTIVE PURSUED BUT MUST BE BASED ON OBJECTIVE FACTORS WHICH ARE AMENABLE TO JUDICIAL REVIEW.

3. IT FOLLOWS FROM THE VERY WORDING OF ARTICLE 235 THAT ITS USE AS THE LEGAL BASIS FOR A MEASURE IS JUSTIFIED ONLY WHERE NO OTHER PROVISION OF THE TREATY GIVES THE COMMUNITY INSTITUTIONS THE NECESSARY POWER TO ADOPT THE MEASURE IN QUESTION.

4. IT WOULD NO LONGER BE POSSIBLE TO CARRY ON ANY WORTHWHILE COMMON COMMERCIAL POLICY IF THE COMMUNITY WERE NOT IN A POSITION TO AVAIL ITSELF OF MEANS OF ACTION GOING BEYOND INSTRUMENTS INTENDED TO HAVE AN EFFECT ONLY ON THE TRADITIONAL ASPECTS OF EXTERNAL TRADE. IN DEFINING THE CHARACTERISTICS AND THE INSTRUMENTS OF THE COMMON COMMERCIAL POLICY IN ARTICLE 110 ET SEQ., THE TREATY TOOK INTO ACCOUNT POSSIBLE CHANGES IN THE CONCEPT OF INTERNATIONAL TRADE RELATIONS, SUCH AS THE PROGRESSIVE STRENGTHENING OF THE LINK BETWEEN TRADE AND DEVELOPMENT. SINCE THE COMMUNITY SYSTEM OF GENERALIZED PREFERENCES REFLECTS A NEW CONCEPT OF INTERNATIONAL TRADE RELATIONS IN WHICH DEVELOPMENT AIMS PLAY A MAJOR ROLE, MEASURES IMPLEMENTING THAT SYSTEM FALL WITHIN THE SPHERE OF THE COMMON COMMERCIAL POLICY. THE COUNCIL HAS THE POWER TO ADOPT THEM PURSUANT TO ARTICLE 113 OF THE TREATY AND IS NOT JUSTIFIED IN TAKING AS ITS BASIS ARTICLE 235.

Plný text judikátu (Entire text of the Judgment):