Juridical and Institutional Aspects of the European Regional Communities

Abstract

Three Communities form the subject of this study-namely, (a) the European Coal and Steel Community (E.C.S.C.), (b) the European Economic Community (E.E.C.), and (c) the European Atomic Energy Community (Euratom). All three are regional international organizations, economic in character. Their object is to unify the economies of the member countries by creating among them a common market-in one case for coal and steel (E.C.S.C.); in another case for the products and substances relating to nuclear energy (Euratom); and finally, for the generality of the bases and products of economic life (E.E.C.). At the heart of these enterprises, there is a common economic philosophy that can be defined by the concept of regulated competition or institutional markets. By this it must be understood that the economic regime of these unified areas entails two combined elements-on the one hand, competition and, on the other, an organization charged with the duty of elaborating and applying rules, supervising their application, and fixing penalties for their violation. Naturally, this characteristic of organization varies with the products and the circumstances involved. Thus, it is very marked for the fissionable materials and minerals subject to the control of the Agency created by the Euratom treaty.1 The characteristic is almost equally visible with respect to coal and steel in the event of a grave economic crisis and, even in a normal period, includes strict rules about publicity and nondiscrimination with respect to coal and steel.2 As for the E.E.C., although the organization of the market can be rigorous with respect to agricultural products,3 it is fairly light for the bulk of other products subject to the Treaty and tends toward antitrust legislation of the American type. Against this backdrop one is better prepared for a technical analysis of the powers which have given the European Regional Communities their juridical importance. These powers were not intended merely for the supervision of a completely private and liberal economic movement, but instead for the performance of a more active governmental role. The powers delegated to the Communities, such as legislation,