The doctrine of implied powers in the area of treaty-making : a study of decisions of the European Court of Justice
Title: The doctrine of implied powers in the area of treaty-making : a study of decisions of the European Court of Justice
Author: LERMAN, Eve C.
Citation: Florence : European University Institute, 
Series/Number: EUI LLM theses; Department of Law
The European Court of Justice's role in interpreting the Treaties which created the European Community has allowed it to clarify the division of powers between the Community and the Member States. Through its decision-making it has expanded the treaty-making authority of the EC far beyond the situations provided for by express grant of powers. This paper will explore the Court's development of the Community's treaty-making power through reliance on the doctrine of implied powers. The greater part of the study consists of an analysis of six cases in which the Court dealt with the power of the Community to negotiate and conclude international agreements. The sections which follow include observations on those six cases, a discussion of implied powers in United States law, and a conclusion in which decisions of the European Court of Justice, the United States Supreme Court, and the International and Permanent International Courts of Justice are compared. My aim has been to illuminate the actual standards applied by the European Court of Justice, with additional references to the affect of the Court's institutional structure on its decision-making and the differences between the Community and United States conceptions of implied power.
Award date: 31 December 1985; Examining Board: Professor Giorgio Gaja, University of Florence; Professor Roland Bieber, University of Saarbruecken; Professor John N. Hazard, Columbia University Law School; First made available online on 7 December 2017; LLM Diploma issued on 1 July 1987
Type of Access: openAccess