Rubber_case - 61978V0001 Opinion of the Court of 4 October...

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61978V0001 Opinion of the Court of 4 October 1979. Opinion given pursuant to the second subparagraph of Article 228(1) of the EEC Treaty. International Agreement on Natural Rubber. Opinion 1/78. European Court reports 1979 Page 02871 Greek special edition 1979:II Page 00401 Swedish special edition IV Page 00527 Finnish special edition IV Page 00561 Spanish special edition 1979 Page 01411 1. INTERNATIONAL AGREEMENTS - COMMUNITY AGREEMENTS - PRIOR OPINION OF THE COURT - COMPATIBILITY WITH THE EEC TREATY - COURT ' S ASSESSMENT - SCOPE (EEC TREATY, SECOND SUBPARAGRAPH OF ART. 228 (1)) 2. INTERNATIONAL AGREEMENTS - COMMUNITY AGREEMENTS - PRIOR OPINION OF THE COURT - REQUEST FOR OPINION - PERMISSIBILITY - COUNCIL'S POWER OF AMENDMENT TO PROPOSALS FROM COMMISSION - ABSENCE OF EFFECT (EEC TREATY, ART. 149 AND SECOND SUBPARAGRAPH OF ART. 228 (1)) 3. INTERNATIONAL AGREEMENTS - COMMUNITY AGREEMENTS - PRIOR OPINION OF THE COURT - REQUEST FOR OPINION - PERMISSIBILITY - CONDITIONS - KNOWLEDGE OF SUBJECT-MATTER OF AGREEMENT - INFORMATION AVAILABLE (EEC TREATY, SECOND SUBPARAGRAPH OF ART. 228 (1)) 4. COMMON COMMERCIAL POLICY - CONCEPT - RESTRICTIVE INTERPRETATION - NOT POSSIBLE - LIBERALIZATION OF TRADE - REGULATING INTERNATIONAL TRADE - INCLUSION (EEC TREATY, ART. 113) 5. COMMON COMMERCIAL POLICY - ECONOMIC POLICY - CONCEPTS - DEMARCATION (EEC TREATY, ARTS. 6, 103 TO 116, 145) 6. COMMON COMMERCIAL POLICY - CONCEPT - ORGANIZATION OF ECONOMIC LINKS WITH NON-MEMBER COUNTRIES - BUILDING UP OF SECURITY STOCKS OF A PRODUCT - POWERS OF THE COMMUNITY - POWERS OF MEMBER STATES IN MATTERS OF ECONOMIC POLICY - ABSENCE OF EFFECT (EEC TREATY, ART. 113) 7. INTERNATIONAL AGREEMENTS - COMMON COMMERCIAL POLICY - AGREEMENTS NEGOTIATED WITHIN THE FRAMEWORK OF INTERNATIONAL ORGANIZATIONS - PARTICIPATION OF THE COMMUNITY OR COMMON ACTION BY MEMBER STATES - RESPECTIVE SPHERES OF APPLICATION OF THE TWO PROCEDURES - DEMARCATION - CRITERIA - OBJECT OF THE NEGOTIATIONS (EEC TREATY, ART. 113, 114, 116 AND THE FIRST SUBPARAGRAPH OF ART.
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228 (1)) 8. INTERNATIONAL AGREEMENTS - COMMON COMMERCIAL POLICY - AGREEMENT INVOLVING OBLIGATION TO PROVIDE FINANCE - POWERS OF THE COMMUNITY - NECESSITY FOR MEMBER STATES TO PARTICIPATE - APPRECIATION DEPENDENT UPON CHARGES BORNE (EEC TREATY, ART. 113) 9. INTERNATIONAL AGREEMENTS - COMMUNITY AGREEMENTS - DEPENDENT TERRITORIES OF A MEMBER STATE WHICH DO NOT BELONG TO THE COMMUNITY - MANNER OF PARTICIPATION IN AGREEMENTS - REPRESENTATION BY MEMBER STATE CONCERNED - NO EFFECT ON DIVISION OF POWERS BETWEEN COMMUNITY AND MEMBER STATES (EEC TREATY, SECOND SUBPARAGRAPH OF ART. 228 (1)) 1. UNDER THE PROCEDURE OF THE SECOND SUBPARAGRAPH OF ARTICLE 228 (1), IT IS POSSIBLE TO CONSIDER ALL QUESTIONS WHICH CONCERN THE COMPATIBILITY WITH THE PROVISIONS OF THE TREATY OF AN AGREEMENT ENVISAGED. IN FACT A JUDGMENT ON THE COMPATIBILITY OF AN AGREEMENT WITH THE TREATY MAY DEPEND NOT ONLY ON PROVISIONS OF SUBSTANTIVE LAW BUT ALSO ON THOSE CONCERNING THE POWERS, PROCEDURE OR ORGANIZATION OF THE
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This note was uploaded on 09/03/2011 for the course LAW 211 taught by Professor Lenaghan during the Fall '10 term at University of Western States.

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Rubber_case - 61978V0001 Opinion of the Court of 4 October...

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