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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
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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.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • 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
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  • 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
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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
×