Skip to main content Accessibility help
×
Hostname: page-component-788cddb947-pt5lt Total loading time: 0 Render date: 2024-10-09T13:32:57.584Z Has data issue: false hasContentIssue false

3 - On the Template of the ICJ

The Court’s Liberal Roots

Published online by Cambridge University Press:  15 September 2022

Christoph Krenn
Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Get access

Summary

The second chapter investigates the original model underlying the ECJ’s procedural and organisational law by describing the mandate and the procedural and organisational setup of the ECJ’s predecessor, the Court of the European Coal and Steel Community. The chapter shows that the Coal and Steel Court squarely fit into the liberal model of court decision-making developed in the first chapter of the book. Its primary role was to protect the rights and interests of individual litigants, notably the Member States. Accordingly, the Coal and Steel Court was equipped with a procedural and organisational law borrowed from the International Court of Justice, steered towards the equal representation of the Member States in the proceedings. The chapter describes in detail how the idea of Member State representation coined the conception of judges as state representatives, a narrow understanding of who may participate in court proceedings and a design of the deliberations that aimed to give all judges equal influence.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • On the Template of the ICJ
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.004
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • On the Template of the ICJ
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • On the Template of the ICJ
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.004
Available formats
×