INSTRUCTED TOWORK OUT A DRAFT TREATYSETTINGUPA

EUROPEAN POLITICAL COMMUNITY

D R A

embodying the

Statute of the European Community

FOR ATI N AOFFICIAL DOCUMENTS

OF THE

CONSTITUTION AL CO MMITTEE

OCTOBER 1952 - APRIL 1953

PUBLISHED BY THE

SECRETARIAT OF THE CONSTITUTIONAL COMMITTEEPARt S, 9, Quai Ana tol e- F ran ce

N AOFFICIAL DOCUMENTS

OF THECONSTITUTION AL COMMITTEE

Blank pages not included:

, 108 , 112 , 116, 126, 128 , 134136 , 140, 144, 146 , 160

CONTENTS

INFORJlU.TION

A. - From the E. D. C. Treaty to the LuxembourgResolution and the creation of the

ad hoc

Assem bly on 13 September 1952 ... .

. . . . . .

B. Sessions of the ad hoc Assembly, the Consti-

tutional Committee, the Sub-Committees and

theVVorkingparty

......................

DOCUMENTS

Document 1

Article 38 of the Treaty setting up a EuropeanDefence Community"

............."

Document 2Resolution 14 adopted on 30 May 1952 by the

Consultative Assembly of the Council of Europe

concerning the most appropriate means of draft-ing the Statute of the European political Com-

munity

...................................

Document 3

Resolution adopted on 10 September 1952 atLuxembourg by the Six Ministers for Foreign

Affairs....................................Document 4

Resolution, adopted on 13 September 1952 by

the Members of the Common Assembly of theEuropean Coal and Steel Community concern-

ing the communication from the President of

the Special Council of Ministers... .

. . . . . . . . .

Page

Document 5

Resolution 7 adopted on 15 September 1952 bythe ad hoc Assembly Mncerning the invitationof Observers

.............................

Document 6

Resolution AA jCC (2) 5 adopted on 23 October1952 by the Constitutional Committee concerningaccess to the ad hoc Assembly, the ConstitutionalCommittee and its Sub-Committees of represent-atives of Governments, the representative ofthe High Authority of the European Coal andSteel Community, Observers from non.MemberStates and the Secretary-General of the Council

of Europe

................................

Document 7

Questions concerning the creation of a EuropeanPolitical Community submitted on 23 October1952 to the ad hoc Assembly by the Six Ministersfor Foreign Affairs

.........................

Document 8

VVorking programme adopted on 25 October1952 by the Constitutional Committee

.... ..

Document 9

Introductory Report to the draft Treaty embo-dying the Statute of the European Community(presented to the ad hoc Assembly by M. VON

BRENTANO)........................

........

Document 10

Draft Treaty embodying the Statute of the

European Community, adopted by the ad hoc

Assembly at Strasbourg on 10 March 1953

Document Formal handing over of the draft Treaty to theMinisters for Foreign Affairs of the Six Coun-tries. .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Speech by M. P. H. SUAK, President of thead hoc Assembly

.......................

Page Page

Speech byM. Georges BIDAULT, President

of the Special Council of Ministers. . .

. . . . .

Statement by Lord John HOPE, United King-dom delegate to the Consultative Assembly,Observer at the ad hoc Assembly

.. . . . . . .

161

155

Document 12

Resolution 14 concerning the preparation of the

Treaty embodying the Statute of the EuropeanCommunity adopted by the ad hoc Assemblyon 10 March 1953......................... 165

Document 13

Membership of the ad hoc Assembly: Members ofthe Common Assembly of the E. C. S. C. co-opted Members Observers... .

. . . . . . . . .

Document 14

List of Members of the Constitutional Committee,the Sub-Committees, the VVorking Party and

the Information and Propaganda Committee.. 174

167

145

147

INFORMATION

A. - FROM THE E. D. C. TREATY TO THELUXE:MBOURG RESOLUTION AND THECREATION OF THE .AD HOO ASSE:MBLY

When signing on 27 May 1952 the Treaty of theEuropean Defence Community, the Six Governments

said that they were conscious " that this is a new andessential step towards the creation of a united Europe

The Treaty did not confine itself, in point of factto giving verbal expression to the common determi-nation of the Six Countries to integrate their armedforces in a European Army within the framework ofa supra-national community; it also laid down theprocedure to be followed in determining the definitivestructures of Europe. Under Article 38 of the Treaty(Doc. 1), the Assembly of the E. D. C. was instructedto examine within six months from its inauguration"the constitution of an Assembly of the EuropeanDefence Community, elected on a democratic basiswhich might "constitute one of the elements in asubsequent federal or confederal structure, based onthe principle of the separation of powers and having,in. particular, a two-chamber system of representation

Three months after receiving the Assemblyproposals from its President the Governments were toconvene a conference to examine them.

In the months which preceded the signature

the E. D. C. Treaty, the urgent need for setting upthis "federal or confedera1 structure

" -

which hassince been given the title of "European Political Com-

munity

" -

was emphasized by the spokesmen various Governments and stressed in resolutions votedby the German Federal Diet and the French NationalAssembly.

Immediately following the signature of the Treatyon 30 May 1952, the Consultative Assembly of theCouncil of Europe declared in its Resolution 14 (Doc. 2)that it would be "of great advantage if the basic prin-ciples of a European supra-national political authorityand the nature and limits of its powers were definedwithin the next few months, without waiting for the

entry into force of the Treaty instituting the EuropeanDefence Community" and asked the Governments totake the speediest possible steps to see that the pro-

visions of Article 38 were embodied in a special agree-ment which could be brought into force immediately.

On 10 September 1952 the Six Ministers for ForeignAffairs of the European Coal and Steel Community,at a meeting in Luxembourg, decided, on the jointproposal of MM. de Gasperi and Schuman, to ask themembers of the Common Assembly of the E. C. S. C.

to draw up before 10 March 1953 a draft Treaty settingup a European Political Community (Doc. 3).

The members of the Assembly were asked

co~opt from the members of the Assembly of the Councilof Europe nine additional members (three German"three French and three Italian) so that in the ad hoc

Asse~bly thus formed the seats would be distributedin the same proportion as proposed for the Assembly

of the European Defence Community.

On 13 September 1952 the members of the CommonAssembly of the Coal and Steel Community, at ameeting in Strasbourg, accepted the invitation extendedto them by the Six Ministers (Doc. 4).

The ad hoc Assembly, instructed to work out adraft Treaty setting up a European Political Community,held its initial meeting at Strasbourg on 15 September1952 (1). It decided to elect a Bureau with the samemembership as that of the Coal and Steel Assemblyand to adopt the same rules of procedure and appointthe same Secretariat.

The Bureau of the ad hop Assembly, accordingly,was made up as follows:

President:M. Paul-Henri SPAAK (Belgium), Member of the

House of Representatives , Minister of Stateformer Prime Minister ~ Belgian SocialistParty.

Vice-Presidents:M. Herman PUENDER (Federal Republic of Ger-

many), Deputy, former Secretary of State

, ~

Christian Democratic Union;M. Pierre-Henri TEITGEN (France), Deputy, former

Minister Popular Republican Movement;M. G. VIXSEBOXSE (Netherlands), Member of the

Upper House of the States-General HistoricalChristian Union Party;

M. Alessandro CASATI (Italy), Senator, formerMinister Liberal. Party;

M. Jean FoHRMANN (Luxembourg), Deputy Socialist Party.

(1) Doc. 13 gives a list of the Members of the ad hoc Assembly.

lV1. M. F. F. A. DE NEREE TOT BABBERICR, Clerk ofthe Common Assembly of the E. C. S. C. wasappointed Clerk of the ad hoc Assembly.

At the same meeting the Assembly set up a Con-

stitutional Committee of 26 members with instructionsto draw up for its consideration a preliminary draftTreaty.

Finally, the Assembly decided to invite the del-egations to the Consultative Assembly of the Councilof Europe from countries not members of the E. C. S. to send Observers to take part in its proceedings andthose of the Constitutional Committee. These Observ-ers would be entitled, within certain limits, to speakin plenary and committee meetings (Doc. 5).

B. ~ SESSIONS OF THE AD HOO ASSEMBLY,

THE CONSTITUTIONAL COMMITTEE,

THE SUB-COMMITTEES AND THE WORKINGPARTY.

tee. This Working Party met at the Belgian Senatefrom 6 to 8 October and in Paris on 23 October 1952to carry out its assignment.

At its second plenary session, held in the Palais duLuxembourg, Paris , from 23 to 27 October 1952, theCommittee decided to establish its headquarters andthe offices of its Secretariat in Paris , which would alsobe the place of meeting of its Sub-Committees.

Mter it had, on a report by M. MUTTER (France),adopted its rules of procedure and defined the conditions under which the Observers would take part inits proceedings (1), the Working Party decided to inviteadditional Observers, who would have the right tospeak, as provided for in Resolution No. 7 of the

hoc Assembly, both at meetings of the plenary Commit-tee and of sub-committees.

These Observers were:the Observers of the Consultative Assembly ofthe Council of Europe.

- M. J. C. PARIS, Secretary-General of theCouncil of Europe;

- a representative of the High Authority of theE. C. S. C. to be nominated by the latter (2

) ;

the representatives of the Six Governmentswhose participation should, however, under theterms of the Luxembourg Resolution, be thesubject of an agreement between the Presidentof the Special Council of Ministers of theE. C. S. C. , the President of the ad hoc Assem-bly and the President of the ConstitutionalCommittee;

The Constitutional Committee met in Strasbourgon 22 September 1952 and elected as President M. YON

BRENTANO (Federal Republic of Germany), Deputy,Christian Democratic Union, President of the Parlia-mentary Group of the C. D. U. in the Federal Dietand as Vice-Presidents M. BENVENUTI (Italy), Deputy,Christian Democratic Party, Under-Secretary of Statefor Foreign Trade, and M. BRUINS SLOT (Netherlands),Member of the Upper House of the States-GeneralAnti-Revolutionary Party.

The Committee instructed a provisional WorkingParty of ten Members, under the chairmanship of itsPresident, to make a preliminary study of the rulesof organization and working programme of the Commit-

(1) see Document 6.

(2) The High Authority appointed its Secretary, M. KO1m.$TAMM, to represent it.

- M. OALMES, Secretary of the Special Council

of Ministers of the E. O. S. O. was also invitedby the Committee to attend its meetings in

his personal capacity.

The Committee then adopted without opposition

one Member abstained and another who was absentannounced that he would have abstained - a working

programme (Document 8), based mainly on the draftsubmitted on behalf of the Working Party by M. DE-

ROUSSE.

The Committee had meanwhile received and takencognizance of the " Questions relating to the establish-ment of a European Political Oommunity (Docu-

ment 7), drawn up by the Six Ministers for ForeignAffairs and heard a statement by M. DEROUSSE , Ohair-

man of the Committee of Jurists, on the introductoryreport of the Committee of Jurists of the Council ofEurope concerning the problem of the EuropeanPolitical Oommunity.

The questionnaire deals in turn with the problemsof the powers and competence of the Oommunity, ofits institutions particular stress being laid on thecreation of an Assembly elected according to democra-tic principles and on the powers of the latter - andwith the links to be established between the EuropeanPolitical Community and the other European organi-

zations such as the Oounci1 of Europe.

The working programme constitutes a "catalogue

of the questions to be examined and divides them upbetween the four sub-committees. It reviews in turn

the questions of the Community s powers and compe-

tence and of membership (referred to the Sub-Oom-

mittee on Powers and Competence), methods of appoint-ment and structure and prerogatives of the First and

Second Chambers and of the Community s Executive

and also of an advisory Economic and Social Council

(questions referred to the Sub-Committee on Poli-tical Institutions) the question of judicial bodies Court of Justice, Council of State, Court of Exchequeretc. (questions referred to the Sub-Committee onJuridical Institutions), the liaison to be establishedbetween the Political Community and the Council ofEurope (Eden Plan) and special forms of association

? be established with certain European States) (ques-tIOns referred to the Sub-Committee on Liaison).

Taking the view that the legal basis for the workof the ad hoc Assembly was constituted by the Luxem-bourg Resolution of the Six Ministers and the Reso-lution of 13 September 1952 of the Members of the

?mm?~ Assembly accepting the task assigned by theSIX MinIsters, the Committee considered that a kind

of contract had been concluded between the Six Govern-ments and the ad hoc Assembly.

The four Sub-Committees (1), set up to make asImultaneous study of the questionnaire of the Ministersas :well as the questions above-mentioned, appointedtheIr officers as follows:

SUB-COMMITTEE ON POWERS AND COMPETENCE:

Chairman .. M. BLAISSE (Netherlands), Member of theUpper Rouse of the States-GeneralPopular Catholic Party.

Rapporteur.. M. BENVENUTI (Italy), Deputy, Under-Secretary of State for Foreign TradeChristian Democratic Party.

SUB-COMM:ITTEE ON POLITICAL INSTITUTIONS:

Chairman , M. TEITGEN (France), Deputy, formerMinister, Popular R~publican' Move-ment.

(1) Document 13 contains a list of the Members of these Sub.Committees and of the Working Party.

Final1y, on the suggestion of M. MUTTER, an"Information and Propaganda Committee" was createdconsisting of the Members of the Committee s Bureautogether with the three representatives appointed bythe Committee (1).

The Sub-Committees and the Working Party met

in Paris from 12 to 25 November and from 1 to 6 De-cember 1952 at the offices of the Committee s Secreta-

riat, in order to carry out their task.

As a result the Committee was able to hold a ple-nary meeting in Paris from 15 to 20 December 1952and draw up a report on the following questions:

integration of the E. C. S. C. and E. D. C. inthe European Community.powers and competence of the Community(M. BENVENUTI, Rapporteur).political institutions of the Community (M. DE-ROUSSE, Rapporteur).juridical institutions of the Community (M. VONMERKATZ, Rapporteur). relations between the Community and thirdStates and international organizations (M. SEM-LER, Rapporteur).links between the Community and the Councilof Europe (M. WIGNY, Rapporteur).

The general report on these questions, after beingsubmitted to and approved (by 13 votes to 0), by theConstitutional Committee at Strasbourg on 6 January1953, was discussed by the ad hoc Assembly, which metat Strasbourg from 7 to 10 January and issued itsconclusions in the form of Directives addressed to theCommittee for the preparation of the draft Treaty.

Rapporteurs: M. AzARA (Italy), Senator, First Presi-dent of the Supreme Court of Cassa-tion, Christian Democratic Party;

M. DEHOUSSE (Belgium), Senator, Pro-

fessor at the University of Liege, Bel-gian Socialist Party.

SUB-COMMITTEE ON JURIDICAL INSTITUTIONS:

Chairman M. PERSICO (Italy), Senator, former Min-ister, Socialist Party.

M. VON MERKATZ (Federal Republic ofGermany), Deputy, German Party.

Rapporteur:

SUB-COM1\UTTEE ON LIAISON:

Ohai'tman: M. VAN DER GOES VAN NATERS (Nether-lands), Member of the Upper Houseof the States-General, Labour Party.

Rapporteurs: M. SEMLER (Federal Republic of Ger-many), Deputy, Christian Democra-tic Union;

M. WIGNY (Belgium), Member of theChamber of Deputies, former Min-ister, Christian Socialist Party.

The work of the Sub-Committees was co-ordinatedby a Working Party (1), consisting of the Bureau ofthe Committee, the Chairman and Rapporteurs of theSub-Committees and a few members specially appointedby the Committee.

M. VON BRENTANO, President of the ConstitutionalCommittee, acted as Chairman of this Working Party.

(1) Dooument 14 gives a list of the Members of the WorkingParty. (I) See Document 14.

The Working Party had held daily meetings duringthe ad hoc Assembly s session in order to co-ordinate

and facilitate the discussions. It met again in Rome from29 January to 2 February for a preliminary study ofthe Directives which had just been adopted by theAssembly and for an initial drafting of the Articlesof the draft Treaty.

The Sub-Committee on Juridical Institutions alsomet in Rome on 2 February under the chairmanship ofM. PERSICO, while the other three Sub-Committees metin Paris from 6 to 11 February.

The Working Party met again in Paris from to 20 February to complete the preparation of thetex~ of the draft Treaty. This text was examined ata plenary meeting in Paris of the Constitutional Commit-tee from 21 to 25 February and given the final touchesfor its submission to the ad hoc Assembly.

At a session held in Strasbourg from 6 to 10 March1953 the ad hoc Assembly adopted, with certain amend-ments, this "Draft Treaty embodying the Statute the European Community (The text adopted included as Document lOin the second part of thisBulletin).

At a formal session held in the House of Europeon 9 March, M. P. H. SPAAK , President of the ad hocAssembly, officially handed over the draft Treaty tothe Ministers for Foreign Affairs of the Six Countries

(Document 11 , pages 145 et Beg. contains the te:x:tsof the speeches made On this occasion).

On the following day, 10 March, Lord John HOPEUnited Kingdom delegate to the Consultative Assemblyof the Council of Europe and Observer at the ad hocAssembly, made a brilliant speech describing theattitude of the United Kingdom towards the proposedCommunity (the text of this speech appears on page 161).

Before separating, the ad hoc Assembly had votedunanimously a resolution (1.), instructing the Consti-tutional Committee, in conjunction with its Bureauto follow up the study of the draft by the Governmentsand to take any steps found necessary to place at thedisposal of the said Governments the experience gainedby the Members of the Assembly in the course of thepreparation of the Treaty.

The Working Party, which had met daily duringthe ad !we Assembly s session in order to co-ordinate

and facilitate the public discussions, held anothermeeting on 11 March after the close of the sessionand began consideration of its further activities asindicated in the last Resolution voted by the Assemblybefore it dispersed.

Since then the Working Party has met in Bonnon 15 and 16 April and will hold further meetings inStrasbourg on 6 and 7 May, at which date the Con-

sultative Assembly of the Council of Europe will takeup the e:x:amination of the draft Treaty adopted bythe ad hoc Assembly.

(1) See Docunlent 12.

DOCUMENTS

DOCUMENT 1.

ARTICLE 38OF THE TREATY SETTING UP A EUROPEAN DEFENCE

COMMUNITY

1. Within the time-limits laid down in paragraph 2of the present Article, the Assembly shall examine:

(a) the constitution of an Assembly of the EuropeanDefence Community, elected on a democraticbasis;

(b) the powers which would be vested in such anAssembly;

(c) any changes which might have to be made in

the provisions of the present Treaty concerningthe other institutions of the Community, moreparticularly with a view to ensuring that theStates shall be suitably represented.

The Assembly shall be guided in its examinationby the following principles:

The permanent organi~ation which will replace

the present provisional organization should be conceived as to be able to constitute one of the elementsin a subsequent federal or confederal structure, basedon the principle of the separation of powers and having,in particular, a two-chamber system of representation.

The Assembly shall also examine the problemsarising from the co-existence of different agencies for

European co-operation already established, or whichmight be established, with a view to ensuring co-ordina-tion within the framework of the federal or confederalstructure.

2. The proposals of the Assembly shall be submittedto the Council within six months from the assumption

of duties by the Assembly. With the approval of theCouncil, these proposals will thereafter be transmittedby the President of the Assembly to the Governments01 the Member States who will, within three monthsfrom the date on which the matter has been referredto them, convene a conference to consider the said

proposals.

DOCUMENT 2.

RESOLUTION 14

ADOPTED ON 30 MAY 1952 BY THE CONSULTATIVE

ASSEMBLY OF THE COUNCIL OF EUROPE CONCERNING

THE MOST APPROPRIATE MEANS OF DRAFTING THESTATUTE OF THE EUROPEAN POLITICAL COMMUNITY.

THE ASSEMBLY

Considering that several Governments and Par-liaments have held it essential that the setting up ofthe European Defence Community should be accom-panied by the constitution of a supra-national Poli-

tical Authority;Considering that it would be of great advantage

if the basic principles of this Political Authority andthe nature and limits of its powers were defined withinthe next few months, without waiting for the entry

into force of the Treaty instituting the EuropeanDefence Community;

Reaffirming its belief that any step towards theunity of Europe should be taken together. by thelargest possible number of European nations;

Considering therefore that it is necessary, in the

spirit of the proposals made by the Secretary of Statefor Foreign Affairs of the United Kingdom, that theStates which are unable to be full participants in theinstitutions of the said Authority should have theopportunity of associating themselves closely withthose institutions at all stages of their development

and the possibility at some later date of adheringthereto;

Considering that, by virtue of Artiole 33 of theTreaty setting up the European Defenoe Community,the Assembly of the European Defenoe Communityis identical with that of the Coal and Steel Community;

1. Considers that the clauses in the Treaty of theEuropean Defenoe Community which relate to thedetermination of the future political structure of Europeshould be incorporated in a Special Agreement, dis-tinct from the Treaty itself, and capable of beingput into effect immediately:

2. Requests the Governments of the States partioi-pating in the European Defenoe Community to giveimmediate effect to the above proposals by the adop-tion of whichever of the procedures suggested below

is the more speedy;

Suggests that, under the provisions of the Special

Agreement mentioned in para. 1 above, the Govern-

ments concerned might instruct :

either the Assembly for which provision ismade in the Treaty setting up the European Coal andSteel Community, as soon as this Assembly has beenset up.

or the Assembly of the Council of Europe,

sitting with a rest?ioted membership corresponding tothe number and allocation of the seats in the Assemblyof the European Defence Community.

to draft the Statute of a Politioa1 Communityof a supra-national character which would remain opento all Member States of the Council of Europe, andwhich would afford opportunities of association ofthose States which had not become full members ofthat Community.

Instructs the Standing Committee, should theSix Governments agree to the second of the above

alternatives, to set up the restricted Assembly envisagedabove.

3. Requests that, in order to ensure that these tasksare carried out within the framework of the Councilof Europe :

(a) such Member States of the Council of Europeas are not members of the European DefenceCommunity and shall express their readinessto enter into a Political Community of thisnature, shall participate as of right in theaccomplishment of these tasks;

(b) the representatives of those States which desireto be associated with the Political Commu-nity be invited to follow the proceedings, as

observers.

4. Requests that the Statute of the Political Com-munity thus formulated be transmitted to the Govern-

ments and Parliaments of the participating Statesand to the other Member States of the Council of Europereferred to in paragraph 3 (b) above.

5. Requests that the Council of Europe bring to arapid conclusion its study of the United Kingdomproposals for establishing organic links between theCommunities and the Council of Europe.

DOCUMENT 3. ture, is bound up with the establishment of commonbases of economic development and a merging of theessential interests of Member States.

The six Ministers for Foreign Affairs of the countriespartioipatingin the Coal and Steel Community, mettogether at Luxembourg on 10 September 1952, havetaken the following decision, which takes account ofthe foregoing considerations as well as of their desireto expedite the study of the proposed draft, by ensuringthat it possesses the maximum authority:

A. - The Members of the Coal and Steel Assemblyare invited, on the basis of the prinoip1es containedin Artiole 38 of the Treaty establishing the EuropeanDefenoe Community and without prejudice to theprovisions of that Treaty, to draft a Treaty consti-tuting a European Political Authority. With this view, the Members of the Assembly, grouped togetherin national delegations, shall co-opt, from among theRepresentatives to the Consultative Assembly who arenot already members of the Coal and Steel Assembly asmany additional members as shall be necessary tomake up the total number fixed for each countrydelegation to the Assembly of the European Defence

Community;

RESOLUTIONADOPTED ON 10 SEPTEMBER 1952 AT LUXEHBOURG :BY

THE SIX MINISTERS FOR FOREIGN AFFAIRS

Considering that the final aim of the six Govern-ments has been and still is the establishment of ascomprehensive a European Political Community aspossible;

Bearing in mind that at the request of the ItalianGovernment there has been included in the Treatyconstituting a European Defence Community, signedon 27 May 1952, an Article 38, the purpose of whichwas to entrust the Assembly of that Community withthe task of studying the constitution of a new Assemblyelected on a democratic basis so conceived as to consti-tute one of the elements in a subsequent, federal or

confederal structure, based on the principle of theseparation of powers and having, in particular, atwo-chamber system of representation;

Recalling that in its Resolution No. 14, adopted on30 May 1952, the Consultative Assembly of the Councilof Europe requested the Governments of the Statesparticipating in the European Defence Community tochoose, by whichever procedure is the speedier, theAssembly which will be responsible for drafting theStatute of a supra-national Political Community opento all Member States of the Council of Europe and offeringopportunities of association to such of these States

as do not become full members of the Political Com-munity ;

Reaming that the constitution of a EuropeanPolitical Community, federal or confedera1 in struc-

B. - The Assembly with its membership thusconstituted and extended shall meet in plenary ses-sions at the seat of the Council of Europe. It mayalso meet in committee.

It shall determine the conditions under whichrepresentatives of other countries, especially those

which are Members of the Council of Europe, maybe associated with the proceedings as Observers;

It shall periodically report to the ConsultativeAssembly on the progress of such work.

O. The Ministers for Foreign Affairs, meetingthe Council of the European Coal and Steel Oom-

mity, shall be associated with the work of the As-rnb1y along lines which shall be determined by mutualreement.

In order to facilitate such work, they shall frameestions which will be referred to the Assembly and

II bear on such matters as :the spheres in which the institutions of theEuropean Political Community shall exercise

their powers;the measures necessary to ensure a merging of

the interests of Member States in those spheres;the powers to be vested in the institutions.

The Ministers shall periodically report to the Oom-

ittee of Ministers of the Council of Europe.

D. Within six months of the convening of the)al and Steel Assembly, that is by 10 March 1953.e results of the surveys referred to above shall beitnsmitted to the Assembly of the European Defence

)m.m.unity responsible for carrying out the tasks laid)wn in Article 38 of the Treaty establishing the Euro-~an Defence Community, as well as to the Ministersr Foreign Affairs of the six countries concerned.

E. The Governments hereby explicitly affirmLat they have based themselves upon the proposals. the United Kingdom Government for the estab-;hment of the closest possible relations between theture Political Community and the Council of Europe.

It is with this in view that the drafting of the Statutethat Community should be undertaken and pursued

. constant co-operation with the organs of the Council~ Europe. F. - The Consultative Assembly of the Council

: Europe shall be informed of the above decision.

G. - The procedure laid down above shall in noway prejudice the Treaty establishing the EuropeanDefence Community.

DOCUMENT 4.

RESOLUTION 4

ADOPTED ON 13 SEPTEMBER 1952 BY THE MEMBERS

OF THE COMMON ASSEMBLY OF THE EUROPEAN COALAND STEEL COMMUNITY CONCERNING THE COMMUNICA-

TIO:N FROM THE PRESIDENT OF THE SPECIAL COUNCIL

OF MINISTERS.

The members of the Common Assembly, ha-ving

before them the invitation extended to them on behalfof the six Ministers for Foreign Affairs on the Special

Council

Considering that this proposal is in keeping with

the wish of the peoples of Europe to be formed into

a political Community,

Noting that it conforms with the resolutions

adopted by very large majorities by the Consultative

Assembly of the Council of Europe, and that it expressly

states that it is based on the United Kingdom proposals,

which advocate the ~stablishment of the closest possible

relations between the future Political Community and

the Council of Europe,

Welcoming the initiative taken by the Special

Council of Ministers,

Resolve to accept the invitation to undertake as

a matter of urgency the great task thereby entrusted

to them.

DOCUMENT 5.

RESOLUTION 7

ADOPTED ON 15 SEPTEMBER 1952 BY THE AD HOC

ASSEMBLY CONCERNING THE INVITATION OF OBSERVERS.

THE ASSEMBLY

WHEREAS in its Resolution of 13 September 1952

the Common Assembly of the Coal and Steel Com-munity expressed its desire to have effect given to theUnited Kingdom proposals for the establishment ofthe closest possible relations between the future PoliticalCommunity and the Council of Europe;

WHEREAS, under the Resolution of the Six Min-

isters for Foreign Affairs, the Assembly has to specifythe conditions under which the representatives of othercountries, more particularly those Members of theCouncil of Europe, may be associated in its proceedingsas Observers:

1. ;mstruc the Bureau of the Assembly to com-

mumcate WIth the Bureau of the Consultative Assemblyof the Council of Europe in order to invite the dele-gations to the Consultative Assembly from the countriesnot members of the E. C. S. C. to send Observers tothe sessions of the Assembly;

2. Suggests that the number and composition ofthese Observers should be identical with those adoptedwhen the ad hoc Committee of the Consultative Assem-bly was set up ;

3. Resolves that the Observers shall be entitled tospeak at Committee Meetings;

4. Resolves that in the Assembly proceedings theymay, in the course of general discussions , submit theirobservations either in writing or by word of mouth.

Verbal statements may be made both after thehearing of the report and before the olose of the dis-

oussion ;

5. Instruots the Bureau to lay down the procedurefor application of the rules stated in the foregoing

paragraphs.

DOCUMENT 6

RESOLUTION lilCC (2) 5

ADOPTED ON 23 OCTOBER 1952 BY THE coNSTrrUTIONALCOMMITTEE CONCERNING ACCESS TO THE .AD HOC ASSEM-

BLY, THE CONSTITUTIONAL COMMITTEE AND ITS SUB-

COMMITTEES OF REPRESENTATIVES OF GOVERNMENTS,

THE REPRESENTATIVE OF THE HIGH AUTHORITY OF THE

EUROPEAN COAL AND STEEL COMMUNrry, OBSERVERSFROM NON-MEMBER STATES .AND THE SECRETARY-

GENERAL OF THE COUNCIL OF EUROPE.

1. The representatives of the Six Governments, therepresentative of the High Authority of the EuropeanCoal and Steel Community, observers of non-MemberStates and the Secretary-General of the Council ofEurope shall have right of access to the Assembly, theConstitutional Committee and all its sub-committees.

2. They may submit their views either verbally orin writing during the proceedings with which theyare associated, in accordance with the provisions of

Resolution 7 of the ad hOG Assembly. They will notbe entitled to vote.

3. Other observers may be invited by the Chairmanto submit their views or technical information.

4. This Resolution shall in no way affect Section Cof the Luxembourg Resolution concerning the asso-oiation of the. Ministers ' representatives with the workof the Constitutional Committee.

DOCUMENT 7

QUESTIONS RELATING TO THEESTABLISHMENT OF A EUROPEAN POLITICAL

COMMUNITY

PUT TO THE AD HOC ASSEMBLY BY THESIX MINISTERS FOR FOREIGN AFFAffiS

1. Is the ad hoc Assembly of the opinion thatdeparture should be made from the principle that thecompetence of the European Political Community

should , in the initial stages, include that of the European

Coal and Steel Community and the European Defence

Community~ Does it consider that the Political Com-

munity should be given new powers and competence

in the spheres of coal and steel and of defence ~

2. Does the ad hoc Assembly consider that theestablishment of a Political Community representsfurther progress toward economic and social inte~

gration ~

If so , what measures should be envisaged forthwithby Member States~

3. Does the ad hoc Assembly take the view thatin order to succeed in establishing a European Poli-tical Community based upon a union of the peoplesand incl:uding an institution responsible for ensuringthat Member States are represented, it should first ofall consider the setting up of a European Assemblyelected according to democratic principles and toexamine, in particular, the following points

A. Constitutive Rules of the Assembly (electoral

system especially direct voting or other methodof ballotting -, term of office, distribution of

seats

. . .

B. Competence of the Assembly:(a) Coal and Steel

Should the European Assembly take the placeof the present Assembly of the Coal and SteelCommunity~Should it be endowed with new powers andcompetence in the sphere of coal and steel ~

(b) Defence Should the European Assembly become the

Assembly of the European Defence Commu-nity ~

Shoult it be endowed with new powers and

competence in the sphere of defence~

(c) What powers and competence should be con~

ferred upon the Assembly in connection withthe preparation of monetary measures neces-sary to promote the rational production andfree movement of goods, as well as of mea-sures likely to improve the exchange of man-power between Member States, in the spirit ofthe Treaties constituting the European Coaland Steel Community and the EuropeanDefence Community

(d) What powers and competence should be con-ferred upon the Assembly in connection with theprocurement of the funds necessary to achievethe aims of the Community~

In the event of the Assembly being granted newpowers and competence, how could the exercise of thelatter be made to harmonize with the general policyof Member States in the fields remaining within theircompetence ~

4. What changes should be made in the Treatiesconstituting the European Coal and Steel Community

and the European Defence Community as a result of

establishing an Assembly forming part of a EUI'opean

political Community~

(a) Are there any grounds for retaining, in their

present form, the Councils of Ministers pro-

vided for in those Treaties

What rules should be obsel"Ved in setting

a Second Chambed

(b) Are any changes desirable in the structure

and powers of existing executive bodies

Should such institutions be merged with a

view to constituting a single European insti tution ~

(c) Must provision be made for the Common Courtof the European Coal and Steel Community andEuropean Defence Community to be

also com-

petent to deal with disputes arising within the

framework of the political Community, in

accordance with provisions similar to those

contained in the Treaties in question

(a) Should the institutions of the European Poli-tical Community be given the task of

making

proposals to the Governments on the extensionof European integration to other

spheres

(other economic questions, as well as social

questions )

(b) Should the European Community emPJJ.(~VV

other European Communities which might be

established in the future ~ If so , how should

this be done ~

6. Does the ad hoc Assembly agree to examine

the question of links to be established between the

political Community and existing international organ-

izations, including, as provided in the Luxembourg

Resolution, the Council of EUI'ope ~ Does it agree to

",mine the question of the relations between the

Utical Community and those European organizationsdch might be set up in the future and might differ

composition from the Community

DOCUMENT 8

WORKING PROGRAMMEADOPTED ON 25 OCTOBER 1952 BY THE CONSTITUTIONAL

COMMITTEE

1 -,- TERMS OF REFERENCE

Under the terms of Section A of the Resolutionof the Six Ministers the Committee is instructedto:

draft a Treaty constituting a European Polit-ical Community;be guided in this connection by Article of the Treaty constituting the EuropeanDefence Community.

The Luxembourg Resolution and Article 38 re-

quire that consideration be given to the following:

(i) Determination of the 8tructure of the Community

Constitution of a new organ: the As-

sembly to be elected on a democraticbasis.Amendments to be made in the provi-

sions relating to other institutions of theE. D. C. (Executive, Council of Min-isters, Court) as a result of the establish-ment of a democratic Assembly.

In carrying out the work the following principles

must be borne in mind:appropriate representation of Statesadoption of a two-chamber system of repre-sentation

need to include existing Communities (E. D. C.and E. C. S. C.) within the framework of thePolitical Community.

(ii) Determination of the power8 and competence of

the Community.

The following items are indicative:precedents created by the E. D. C. andE. C. S. C. Treatiesclause of the Luxembourg Resolution on"the establishment of common bases of .

economic development and a merging of

the essential interests of Member States

" ,

provi8ion contained in Article Section

para.

(iii) Liai80n with other European State8 and organi-zations, including the Council of Europe.

In Section E of the Luxembourg Reso-lution the Governments expressly de-clare that they base themselves on theUnited Kingdom proposals. (Cf. alsoResolution No. 4 of the Representatives

to the Common Assemblies.

Article 38 requires that the problems

arising from the co-existence of theCommunity and other organizations forEuropean co-operation be studied.

Resolution 14 (52) and Opinion 3 (52) of

the Consultative Assembly of the Coun-

cil of Europe, on the same subject shouldalso be borne in mind.

2. ORGANIZATION OF THE WORK OF THE COMMITTEE

The first part of the proceedings will be devotedto determining the broad outlines of the Constitu-

tion of the Community in regard to the matterslisted under the three headings above. Study ofthe powers and competence and of the institutionsthemselves might be undertaken simultaneously inspecialised sub-committees, the necessary co~ordi- .nation being undertaken later in plenary committee.Although the question of links between the Polit-ical Community and the Council of Europe (EdenPlan) and that of those between that OommunityandEuropean non-Member States cannot finally besettled until the structure of the Community hasbeen determined they should forthwith be examinedin view of their political implications.

This gives grounds for the proposal that there be

established three (or foUl') sub-committees dealingrespectively with powers and competence politicalinstitutions, juridical institutions and with liaison.Matters to which these sub-committees should give

particular attention are contained in the following

initial list:

(b) Examination of the ultimate functionsof the Committee

to foreign affairs and externalcommerce;to defence;

to financial, economic and so-cial matters.

(c) Powers and competence in regard toquestions relating to the Saar, Triesteand Eastern Germany.

(B) MEMBERSHIP:

Membership of the Community and status of Mem-bers (position of those Members having constitutionallinks with overseas countries or territories).

Right of future withdrawal and possibility ofexclusion.

Conditions of Membership.

(A) DETERMINATION:

(ii) Sub-Committee on Political Institutions

(a) Legislative Institutions:

First Chamber

Composition of the Chamber and dis-tribution of seats.Electoral system, particularly:

constituencies;electoral machinery;free or compulsory voting;method of ballot;public or secret elections.

Second Chamber

Nature and composition.Distribution of seats.Method of voting.

(i) Sub-Committee on Powers and Oompetence:

of the extent of the competence of theCommunity,

of the powers conferred upon the Com-munity within the extent of its compe-tence.

(a) The transfer to the Political Com-munity of the functions of E. D. C.

and E. C. S. C. (either wholly or inpart).

Prerogatives of the Chambers within

the Community.

Status of parliamentarians, particu-larly :

eligibility and anomalies;lInm.unities and prerogatives;representation of electoral or

European constituencies;free votes or vote by direction;duration of term of' office.

Integra,tion or co-ordination of thecorresponding institutions of the

Communities (E. D. C. , E. C. S. C.

Nature of the administrative authority ofthe Community Right of intervention("federal executive procedure

Constitutional principles of its :European

public function.

(6) Consultative body (Economic and SocialCouncil) :

Common problems

Individual status of the two Cham-bers and their relationship with eachother.

(b) Executive Body

Nature: A purely Europea,n institution,or association of a European institutionand a Council of national Ministers."Federal" Council of :Ministers:

composition;method of a,pointment;cha,irmanship;responsibility towards the Cha,mbersand right of dissolution;term of office.

Composition.Term. of office.Relationship with other institutions of theCommunity.Integration or co-ordination of correspond-ing institutions of the Communities (E. C.S. C. and E. D. C.

(iii) Sub-Committee on juridical institutions:

Court of Justice.Council of State.High Court

(These institutions may be merged).

Court of Exchequer (Oour des Oomptes).

Integration or co-ordination of the correspond-ing institutions of the E. C. S. C. and E. D. C.

Communities (1).

Integration or co-ordination of the corres-ponding institutions of the Communities(E. C. S. C. and E. D. C.

(iv) Sub-Committee on Liaison:Determina,tion :

of relations to be established betweenthe Political Community and the Coun-cil of Europe (implementation of theEden Plan),

(1) OJ. especially Recommendation 36 (1952) of the Consultative

Assembly of the Council of Europe on the establishment oj a singleEu1' opean Court of Justice.

of special relationship to be establishedbetween the Community and MemberStates of the Council of Europe or otherEuropean Statesof relationship of the Community with~ajo~ European and international orga~msatlOns , such as O. E. E. C., N. A. T. 0.and U. N. and I. L.

The solution to the above problems must beconsidered in its relation to the problem of thejuridical character of the Community.

DOCUMENT 9

INTRODUCTORY REPORT

TO THE DRAFT TREATY EMBODYING THE STATUTE OF THEEUROPEAN COMMUNITY, PRESENTED TO THE AD HOC

ASSEMBLY BY M. HEINRICH VON BRENTANO

1. The Constitutional Committee concluded its workon 26 February 1953. With only one dissentient itadopted the draft Treaty embodying the Statute

the European Community, together with two Protocols,and instructed its Chairman to present these documentsto the ad hoc Assembly.

2. It will be the task of the ad hoc Assembly toexamine the draft and, after adopting it , to transmitit to the Governments of the Six countries whichbrought this Assembly into being on 10 September1952.

3. After two World Wars the peoples of Europe havefinally become fully conscious of their common inter-ests. They have also realized the vanity of those dreamsof hegemony which during the course of history the

. great European States have desired to achieve at theexpense of the other peoples of the Continent.

As in the years following 1918, but with incom-parably greater power, the European idea has awak-

ened the hopes of the peoples and determined theactions of the European Governments.

4. This idea is no longer merely a political ideal;it has become a vital necessity. Only those peoples

which have combined together on the European levelwill henceforth be able to assert themselves in a worldwhose structure has been rendered terrifyingly simpleby the last World War. The political catastropheswhich accompanied the events of recent decades haveresulted in waakening once more in Europe a feelingof solidarity, of a community of interests for better orworse. Europe is finding it ever more necessary toorganize herself, to become united and to create acommon market, without which the original economiesof the peoples will be brought to a standstill and finallydoomed to destruction.

20 that a threat to peace and freedom from theoutside can only be averted by a commoneffort.

Other free peoples of the world have associatedthemselves with the objectives of the Treaty settingup the European Defence Community.

8. These endeavours are only stages on the road to European Political Community which shall be as com-prehensive as possible. The realization of a common eco-nomic policy in restricted fields, and the preparationof defence against a positive danger , demand a commonpolicy. The recognition of this fact moved the SixForeign Ministers to adopt their well-known resolutionof 10 September 1952, which has led to the formationof the ad hoG Assembly and the Constitutional Com-mittee.

5. Associations such as the "European Movement"were the first to bring forward once again the idea ofEuropean unity and to present it to the public withgreater emphasis. It was owing to the initiative givenby this Movement that the Council of Europe was for-med, as a forum for the formation of a common Euro-pean public opinion. The Council gave birth to othermovements, which also contributed towards the forma-tion of commOn political objectives.

III9. On the first part of the work of the ConstitutionalCommittee a report was made to the ad hoG Assemblyduring the January session. The Assembly approvedthe basic features of the work, and the ConsultativeAssembly of the Council of Europe made a similarpronouncement.

The directives worked out by this Assembly, aswell as the proposals and recommendations of the Con-sultative Assembly of the Council of Europe, led theConstitutional Committee to continue its activitiesimmediately after the conclusion of the two Assemblies.

10. I am very happy to be able to say that, despite theshort time available, we are to-day in a position topresent for your consideration a draft treaty divided

into Articles.

6. Three years ago, the then Foreign Minister ofFrance, Robert SCHUMAN, announced in this House arevolutionary idea, namely the creation of a commonmarket for coal and steel, the setting up of a HighAuthority responsible in this field to a European Par-liament. This plan has in the meantime been realized;six States have jointly hitched their wagon to this star.

7. The same States have pledged themselves to forma European Defence Community. They were led to doso by a two-fold conviction;

10 that free democratic peoples must finally andirrevocably renounce the use of force in theattainment of political objectives;

I feel I must also express here, as elsewhere, mysincere thanks to the Members of the Committee, andmost particularly to the Chairman and Rapporteurs of

the Sub-Committees, for their devoted work withoutwhich it would never have been possible to a~complishour task within such a relatively short time.

I am also anxious at this moment, in submittingthe results of the work performed by your Committeeto speak with special emphasis, but also with speciasatisfaction, of the spirit of friendly co~operation whichhas characterised our labours and made them fruitful.It is of course the caSe that there have been genuinedifferences of view. These have indeed been mani-fested, but we have not by-passed them; we havetried thoroughly to discuss them in frank debate andto reach solutions which we all felt to be good and useful.In the final vote by roll-call, 21 out of 22 membersof the Committee present voted in principal in favourof the draft, and this seems to me a convincing proofthat the method we chose was a good one. It needof cOurse, hardly be mentioned that an affirmative vot~in principle does not exclude criticism of individualprovisions; but to be loyal to my

colleagues I considerit my duty to make this express statement.11. According to the proposal of the Six ForeignMinisters , our preliminary work is to be concluded on10 March. I hope that on that day the Assembly willbe in a position to transmit its decisions to the Govern-ments, who will be represented in Strasbourg at thattime by their Six Foreign Ministers.

been quietly going forward. The public has indeednoticed this work, although without being able torecognize its full implications.

14. What is the basically new and revolutionaryelement in the political reality of Europe ~ For thefirst time the union of several States is being broughtabout by peaceful means. For the first ~ime P~rliametarians have been entrusted with a genumely diplomatictask, with the preparation, that is to say thenegotia-tion, of an international treaty. The ad hoc Assemply

. and its Constitutional Committee represent a completelynew form of diplomatic relationship, a form which is totake account of the new political facts. This new ele~

ment is also expressed in the objective set by thead hoc Assembly, for it consists of nothing less than ~he

preparation, under inter~ationallaw., o~ a

treaty whichat the same time embodies a ConstItutIOn.

12. It is not, ;my task here to go into details. For theseJ would rather refer you to the explanatory memo-randa submitted by the Rapporteurs.

13. The task set by the Six Foreign Ministers , and Our~ccepta ~ of that task, which we shall now bring toIts proVIsIOnal end, represents a re'Volution which has

15. The European Community, whose basic features

are set forth in the document now before us, will beneither a Confederation nor a Federal State. It unites

in itse1f the most varied elements known to traditionalproducts of constitutional law. It is, of course . ?learly

and definitely distinguishable from any coahtlOn oralliance based solely on international treaties or agree-

ments. Such coalitions or alliances leave existingantitheses intact, and are guided by the princi~le ofhegemony, whereas in the Community proposed m thedraft Statute, although the individual existence of the

peoples which compose the Comm~t~ ~ill be guaran-teed it will be impossible for any mdiVldual State, orany ~roup of States within that Community to assert itshegemony.

16. There were two possible ways of establishing sucha Community:

10 To provide the Political Community, from theoutset, with very far-reaching powers andcompetence. This would have made it neces-sary to ask the individual States to makefurther transfers of sovereignty, which would

have entailed giving them very extensive rightsof co-determination in respect of the Europeaninstitutions.

20 To ask for no further renunciations of sover-eignty, but to set up the European institutionsin such a way that they would constitutegenuinely European organizations carryingout their tasks in the greatest possible inde-

pendence of national influences.

17. The ad hoc Assembly, at its January session , decid-ed in favour of adopting the second alternative.

18. The Community is to be such that it will be able totake on a more and more precise form, according to

its own laws, until it develops, by a natural processinto a real Federal State or Confederation.

super-State in place of the six participatjng nationaJStates - a fact which is also especially stressed in thePreamble and in Article 1 , where reference is made tothe contribution which a living, united, free Europecan bring to civilization and to the preservation ofour common spiritual heritage , and where it is statedthat "the Community is founded upon a union ofpeoples and States, upon respect for their personalityand upon equal rights and duties for all." In the secondplace, this Council of National Ministers is to exercisea co-determinative activity and simultaneously toprovide for the necessary co-ordination with the Govern..ments and Civil Services of the individual States. Thefifth and final common institution will be the Economicand Social Council. Its formation will be regulated legislation enacted by the Community. As soon as theCouncil of Europe sets up a similar institution, the

Economic and Social Council of the Community willact as an integral part of that institution, and thus willsimultaneously provide the necessary link with the

Member States of the C0unCll of Europe.20. This last provision, like others, expresses the une-quivocal desire, which is shared equally by us all, thatthis Community shall work in the closest possible co-operation with all other existing supra-national or inter-national organizations. It stands open to any Europeandemocratic States and communities of States that wishto join it, or to associate themselves with it by meansof special treaties and separately specified mutualrights and duties. We are, as the Preamble declares,"determined to invite other European peoples, inspiredby the same ideal, to join with us...

19. This appears particularly clearly from the fact that

the supranational Community possesses one of the attri-butes of a State: its Parliament will consist of a directly-elected Peoples ' Chamber , and of an indirectly-electedSenate which is to guarantee co-operation, on a basis

of equality, between the peoples of the individualnational States. A supra-national executive organ isenvisaged in the form of the European ExecutiveCouncil, whose formation, composition and activitywill, in accordance with the principles of parliamentarydemocracy, require the confidence of Parliament.Constitutional order will be ensured by the Court of theCommunity. The Council of National Ministers will havea dual task. In the first place it will have to make itclear that there is no intention of establishing one single

We hope that you also will give your approvalin principle to the draft Statute, and that it will be

possible to submit the result of our. common efforts tothe different Governments on 10 March. That willnot be the end of the Committee s task. As soon as wehave put the draft Statute of the European Communitybefore the Six Governments, it will be the particularduty of the Constitutional Committee to participate inthe final preparation and realization of that Statute.

DOOUMENT 10

RAFT TREATY

embodying the

Statute of the European Community

ADOPTIID BY THII AD HOC ASSIIMBLY

IN STRASBOURG ON 10 MARCH 1953

PREAMBLE

, THE PEOPLES OF THE FEDERAL REPUBLIC OF

GERMANY, THE KINGDOM OF BELGIUM, THE FRENCH

REPUBUC, THE ITALIAN REPUBLIC, THE GRAND Du-

CHY OF LUXEMBOURG AND THE KINGDOM OF THE

NETHERLANDS,

CONSIDERING that world peace may be safeguar-

ded only by creative efforts equal to the dangers which

menace it ;

CONVINCED that the contribution which a living,

united free Europe can bring to civilization and to thepreservation of our common spiritual heritage is indis-

pensable to the maintenance of peaceful relations;

DESIROUS of assisting; through the expansion ofour production in improving the standard of living andfurthering the works of peace;

DETERMINED to safeguard by our common action

the dignity, freedom and fundamental equality of menof every condition, race or creed;

RESOLVED to, substitute for our historic rivalries afusion of our essential interests by creating institutionscapable of giving guidance to our future ' common

destiny;

DETERMINED to invite other European peoples,inspired with the same ideal, to join with us in ourendeavour ;

HAVE DECIDED to create a European Community.

Wherefore our respective Governments, throughtheir Plenipotentiaries, meeting in . the city of .

. . . . .,

with powers found in good and due form, haveadopted the present Treaty.

PART I.

The European Community

ARTIOLE

The present Treaty sets up a EUROPEAN COM-MUNITY of a supra-national character.

The Community is founded upon a union ofpeoples and States, upon respect for their personalityand upon equal rights and duties for all. It shall beindissoluble.

ARTIOLE

The Community has the following mission andgeneral aims:

to contribute towards the protection of humanrights and fundamental freedoms in Member States;

to co-operate with the other free nations inensuring the security of Member States against allaggression;

to ensure the co-ordination of the foreignpolicy of Member States in questions likely to involvethe existence, the security or the prosperity of theCommunity;

to promote, in harmony with the generaleconomy of Member States, the economic expansionthe development of employment and the improvementof the standard of living in Member States , by meansin particular, of the progressive establishment of a

common market, transitional or other measures beingtaken to ensure that no fundamental and persistentdisturbance is thereby caused to the economy Member States;

to contribute towards the endeavours of Mem-ber States to achieve the general objectives laid downin the Statute of the Council of Europe, the EuropeanConvention for Economic Co-operation, and the NorthAtlantic Treaty, in co-operation with the other States

parties thereto.

Community, shall constitute a single lega entity,within which certain organs may retain such admin..istrative and financial autonomy as is necessary tothe accomplishment of the tasks assigned by thetreaties instituting the European Coal and Steel Com-munity and the European Defence Community.

ARTIOLE

The provisions of Part 1 of the Convention for theProtection of Human Rights and Fundamental Free..doms signed in Rome on 4th November 1950 , togetherwith those of the protocol signed in Paris on 20th March1952, are an integral part of the present Statute.

ARTIOLE

ARTIOLE

The Community shall have juridical personality.

In international relationships the Communityshall enjoy the juridical personality necessary to theexercise of its functions and the attainment of its ends.

In each of the Member States the Communityshall enjoy the most extensive juridical personalitywhich is recognized for legal persons of the nationalityof the country in question. Specifically, it may acquireor transfer, immovable and movable assets and maysue and be sued in its own name.

The Community shall possess, in the territoriesof the Member States, such immunities and privilegesas are necessary to the fulfilment of its task, underconditions determined in the Protocol appended to

the present Treaty.

The Community shall exercise all such power;sand competence as are conferred upon it by the presentStatute or by subsequent enactment.

The provisions defining the powers and competenceconferred upon the Community by the present Treatyshall be restrictively interpreted.

ARTIOLE

The Community shall carry out its functions inclose co-operation with the national civil services

through their respective governments, and with anyinternational organization having objectives similar toits own.

ARTIOLE

The Community shall enact legislation definingthe fundamental principles of the general status

its officials.

ARTIOLE

The Community, together with the European Coaland Steel Community and the European Defence

PART TI.

The Institutions of the Community

ARTIOLE

The institutions of the Community shall be :

Parliament;the European Executive Council;

the Council of National MiIlisters ;

the Court of Justice, hereinafter termed tItheCourt" ;

the Economic and Social Council.

Chapter' 1

PARLIAMENT

ARTIOLE

Parliament shall enact legislation and make recom-mendations and proposals. It shall also approve thebudget and pass a bill approving the accounts (*) ofthe Community. It shall exercise such powers of super-vision as are conferred upon it by the present Statute.

ARTIOLE

Parliament shall be composed of two Chamberswhich, unless the present Statute otherwise provides,shall have the same powers and competence.

) La loi des comptes.

ARTIOLE

2. An equal number of deputies shall be elected fromthe territories of Germany, France and Italy. Additionalrepresentation shall, however, be granted to the FrenchRepublic in order to take into account its oversea

departments and territories, under conditions to belaid down by French legislation.

An equal number of deputies shall be elected fromthe territories of Belgium and the Netherlands.

3. The number of deputies elected from the territoriesof the Member States shall be as follows:

Germany......... 63

Belgium ..........

France ...........

Italy............. 63

Luxembourg. . .

. ..

Netherlands

. . . . ..

The :first Chamber, entitled the Peoples ' Chambershall be composed of deputies representing the peoplesunited in the Community.

The second Chamber, entitled the Senate, shall becomposed of senators representing the people of eachState.

Deputies and senators shall vote as individuals andin person.

They may not accept any mandate as to the wayin which they shall cast their votes.

ARTIOLE

Deputies shall be elected by universal, equal anddirect suffrage, by secret ballot open to both men andwomen. A:RTIOLE

The Community shall enact legislation defining theprinciples of the electoral system.

ARTIOLE

1. Senators shall be elected by the national Parlia-ments for five years in accordance with the proceduredetermined. byeaoh Member State.

2. A senator shall commence his term of office at theopening of the session of the Senate next followinghis election.

The Peoples ' Chamber shall be elected for fiveyears, subject to the provisions of Article 31, para-graphs 4: and 5.

ARTIOLE

ARTIOLE

The number of senators shall be as follows:

Germany......... 21Belgium ..........

France ...........

Italy............. 21

Luxembourg. . .

. ..

Netherlands

. . . . ..

The peoples united in the Community shall berepresented in the Peoples' Chamber in accordancewith the following conditions

1. The number of deputies elected from the territoryof a Member State may not be less than 12 nor morethan 70.

ARTIOLE

Each Chamber of Parliament shall verify theregularity of the election of its Members.

An extraordinary session of either Chamber maybe convened by its President, either on his own ini-tiative, or at the request of a quarter of the Membresof the Chamber concerned, or of the European Exe-cutive Council.

ARTIOLE

The Community shall enact legislation determiningthe conditions of eligibility for membership of Par-liament.

ARTIOLE

ARTIOLE

1. Membership of the European Parliament shall notbe con:6n.ed to members of national Parliaments.

2. A combination of the office of a senator with thatof a deputy shall be prohibited.

3. The exercise of the functions of a Member Parliament of the Community shall be incompatiblewith that of the functions of a Member of the Councilof National Ministers and of a Member of the Economicand Social Council.

4. The exercise of the functions of a Member Parliament of the Community shall be incompatiblewith the holding of judicial office on behalf of theCommunity, with permanent functions remunerated bythe Community or with directorial functions in anenterprise or organization directly controlled by theCommunity.

5. The Community may enact legislation laying downother rules as to incompatibility.

Each Chamber shall elect its President and itsBureau from among its own Members , by secret ballot.It shall decide upon its Rules of Procedure by majorityvote of its Members.

The records of the proceedings of each Chambershall be published in accorda,nce with the conditionslaid down in its Rules of Procedure.

ARTIOLE

1. Members of Parliament and of the European

Executive Council shall have the right to initiatelegislation.

2. Members of Parliament shall ha,ve the right ofamendment and interpellation. They ma,y put oralor written questions to the European Executive Councilwhich shall be required to answer them.3. Each Chamber sha,ll receive and examine anypetitions which maybe addressed to it. Such petitionsma,y not be presented in person.

4. Each Cha,mber shall have the right to instituteinquiries. The Community shall enact legislation gover-ning the exercise of this right.

ARTIOLE

Parliament shall hold two ordinary sessions annual-ly. It shall assemble regularly on the second Tuesdayin May and the last Tuesday in October.

ARTIOLE

1. Members of t;he European Executive Council mayattend all meetings of each of the Chambers. They shall

be heard if they so request. They may take part inthe work of the Committees.

2. Members of the Council of National Ministersmay attend all meetings of each of the Chambers.The President of the Council of National Ministers,or a member of the Council specially appointed torepresent him, may be heard on behalf of the Council

by each of the Chambers, either at the request of thelatter, or on his own initiative.

ARTIOLE

Each Chamber shall lay down in its Rules of Pro-cedure the manner in which it will exercise its powersand competence.

ARTIOLE

1. No restriction shall be placed upon the travel ofMembers of Parliament proceeding to or coming fromthe place of meeting of Parliament.

As concerns customs and exchange control, Mem-

bers of Parliament shall be granted the privilegesaccorded to accredited Heads of diplomatic Missions;they shall be exempted from the visa regulations inforce in Member States.

2. During their term of office Members of Parlia-ment shall enjoy exemption from all measures of deten-tion and from any legal prosecution.

Such immunity may not be invoked when Mem-bers are found committing, attempting to commit, orjust ha'Ving committed an offence.

Each Chamber of Parliament may waive the immun-ity of its Members.

3. Members of Parliament shall enjoy absolute immun-ity from legal action in respect of opinions or votesexpressed by them in the exercise of their functions.They shall continue to enjoy this immunity after theexpiry of their term of office.

Chapter II or solicitor-general in the Court or of a member of theEconomic and Social Council.

2. Members of the European Executive Council maynot exercise any paid function.

They may belong neither to the management northe Board of Directors of any enterprise conductedf()r profit.

THE EUROPEAN EXECUTIVE COUNCn.

ARTIOLJiJ

The European Executive Council shall undertakethe general admiillstration of the Community. It shall

have no powers other than those conferred upon itby the present Statute.

ARTIOLJiJ

ARTIOLE 30

1. The European Executive Council shall assumeits functions as soon as its composition has been publi-shed in the Official Journal of the Community. Itshall forthwith request the Peoples ' Chamber and theSenate for their vote of confidence, which shall begiven by each Chamber by majority vote of its members.

2. The European Executive Council shall remainin office until the end of the life of the current PeoplesOhamber. It shall resign from office notwithstanding,if a vote of no confidence is passed against it by thePeoples ' Chamber or the Senate. It shall also be re-quired to resign if the Peoples ' Chamber or the Senaterefuses to grant its request for a vote of confidence.

3. The Senate shall be deemed to have passed a voteof no confidence in the European Executive Councilif it elects a new President, 1l11der the provisions ofthe. first paragraph of Article 28.

The Peoples ' Chamber shall pass a vote of no eon-fidence in the European Executive Council bya three-fifths majority vote of its members.

Subject to the provisions of paragraph 1 of thepresent article, the withholding of a vote of confi-dence, if it is to be effective, must take place underthe same conditions as a vote of no confidence.

ARTIOLE

1. The Senate shall elect the President of the Euro-pean Executive Council in secret ballot, by majorityvote of its Members.

2. The President shall appoint the other Members ofthe European Executive Council.

3. The European Executive Council shall not includemore than two Members of the same nationality.

4. The Members of the European Executive Councilshall have the title of Ministers of the European Oom-munity.

ARTIOLE

Only nationals of Member States may be Membersof the European Executive Council.

1. The office of a member of the European ExecutiveCouncil shall be incompatible with that of a memberof the Government of a participating State, of a judge

4. If a motion of no confidence, or alternatively thewithholding of a vote of confidence which has. beenrequested of the Peoples ' Chamber by the EuropeanExecutive Council, is voted by a majority of less thanthree-fifths of the members of the Chamber, it shallbe at discretion of the European Executive Council

either to resign or to declare the Chamber dissolved.

ARTIOLE

The President of the European Executive Councilmay dismiss or replace any Member of that Councilsubject to the approval of the Peoples ' Chamber andthe Senate.

ARTIOLE

Such dissolution may not be ordered until afterthe expiry of a period of five clear days. The instru-ment of dissolution shall include convocation of theelectoral body of the Peoples ' Chamber within a periodof forty days, and of the Chamber witWn two months.

The withholding of a vote confidence by the PeoplesChamber shall not, however, entail the option of dis-solving the Chamber in the case mentioned in para-graph I of the present Article.

In order to fulfil the tasks entrusted to it, and inaccordance with the conditions laid down in the presentStatute, the European Executive Council shall takedecisions, make recommendations or express opinions.

Decisions shall be binding in all aspects.

Recommendations shall have binding effect asregards the aims specified therein, but shall leave the

means of implementation to the Authorities to whomthe recommendation is addressed.

Opinions shall not be binding.5. The right of the European Executive Council toorder the dissolution of the Peoples' Chamber in imple-mentation of the preceding paragraph shall lapse ifwitWn the period determined in that paragraph, theSenate passes a vote of no confidence in the EuropeanExecutive Council under the conditions laid down inparagraph 3 of the present Article.

ARTIOLE

The President of the European Executive Councilshall represent the Community in international relations.

6. The President of the European Executive Coun-

cil shall tender the resignation of the Council to thePresident of the Senate. The retiring Council shallconduct current business until its successor takes office.

7. The members of the European Executive Councilshall resign in a body if and when the President ceases

to exercise his functions.

The Council of National Ministers shall commu-nicate with each Member State through the Ministerr~presenting the latter.

Chapter III

THE COUNCIL OF NATIONAL MINISTERS

ARTIOLE

The Council of National Ministers shall exerciseits powers and competence in the cases specified andin the manner indicated in the present Statute witha view to harmonising the action of the EuropeanExecutive Council with that of the Governments ofMember States.

The Council of National Ministers and the EuropeanExecutive Council shall exchange information andconsult each other.

ARTIOLE

The Council of National Ministers shall be composedof representatives of the Member States. Each Stateshall delegate a member of its Government as a repre-sentative.

The Chairmanship shall be taken by each of theMembers of the Council in turn for a period of threemonths, in accordance with the alphabetical order ofthe names of the Member States.

ARTIOLE

The Council of National Ministers shall be convenedby its Chairman at the request of a Member State orof the European Executive Council.

Chapter

exercise of the highest judicial functions, or be juristsof unquestionable ability.

3. Judges shall be appointed for nine years and shallbe re-eligible. Nevertheless, the first seven judges shallcease to exercise their functions at the expiry of the pe-riod for which provision is made in the treaty institutingthe European Coal and Steel Community.

4. The Court shall have exclusive jurisdiction indisciplinary proceedings against its own members.

THE COURT

ARTIOLE 5. The judges shall be independent and subject onlyto the law.

1. The Court shall ensure the rule of law in theinterpretation and application of the present Statuteand of the laws and regulations of the Community.

2. The Court of the Community shall be identicalwith the Court of the European Coal and Steel Com-

munity and of the European Defence Community, thusensuring unity of jurisprudence.

3. Other courts set up by existing or subsequenttreaties shall assist the Court in the exercise of itsfunctions.

ARTIOLE

ARTIOLE

1. The texts relating to the competence of the Courtand the organisation of the judicial system shall besupplemented and modified in accordance with Articles112 or 113. Nevertheless, should such modification entailan alteration in the powers and competence of the Com-munity vis-a.-vis the Member States, the provisions of Article 111 shall be applicable.

2. Notwithstanding the provisions in the precedingparagraph, the Court shall lay down its own Rules ofProcedure.

1. The number of judges shall not exceed fifteen.

They shall be selected from a double list by theEuropean Executive Council, acting with the approvalof the Senate. Each Member State may put forwardthree candidates; the national groups of the PermanentArbitration Court in each Member State shall beentitled to exercise a similar right.

2. The candidates must be of the highest moralcharacter, and must either possess the qualifications

required, under their national legislation, for the

ARTIOLE

1. The Court shall in its own right take cognisanceof disputes arising out of the application or interpre-

tation of the present Statute or of a law of the Com-munity, to which the parties are

either Member States among themselves

or one or more Member States and the Community.

2. The Court shall take cognisance, through themachinery provided for the hearing of appeals, of thejudgments or decisions delivered by the judicial organsof the Community, all of which are subordinateto it.

the European Executive Council and of deliberationsof the Council of National Ministers, in cases wheresuch validity is contested in litigation before a nationalCourt.

AR1' IOLE

ARTIOLE 1. Any dispute arising from a decision or measuretaken by one of the Institutions of the Community,which affects the rights recognised in the Conventionfor the Protection of Human Rights and FundamentalFreedoms, shall be referred to the Court.

2. If an appeal is lodged with the Court under theconditions mentioned in the preceding paragraph bya natural or legal person, such appeal shall be deemedto be lodged in accordance with the terms of Article 26of the Convention for the Protection of Human Rightsand Fundamental Freedoms.

3. Mter the establishment of the legal machineryfor which provision is made in the Convention for theProtection of Human Rights and Fundamental Free-doms, should any dispute arise which involves a ques-tion of principle as to the interpretation or extent ofthe obligations resulting from the said Conventionand which consequently affects all the Parties theretothe Court shall renounce judgment, if necessary, untilthe question of principle has been settled by the judicialorgans for which provision is made in the Convention.

1. The Court shall take cognisance in first and finalinstance of all appeals formally lodged against the

Community, except when provision is made to thecontrary in the present Statute or in a law of the Com-munity conferring this competence on another Court.

2. The Court shall pass judgment on disputes ari-sing from the application of the Treaties institutingthe European Coal and Steel Community and theEuropean Defence Community in accordance with theprovisions of those Treaties.

AR1' IOLE

The Court shall have jurisdiction to pass judgmenton appeals for annulment on grounds of lack of com-petence, substantial procedural violations, violation ofthe Statute or of any regulation concerning its appli-

cation, or abuse of power, where such appeals arelodged by any interested party against the decisionsor recommendations of the European Executive Coun-cil or of the administrative authorities subordinatethereto. ARTIOLE

ARTIOLE

The Member States undertake not to avail them-selves of any mutual declarations or conventions exist-ing among them to submit any difference arising outof the interpretation or application of the present

The Court shall have sole jurisdiction to decideon the validity of decisions or recommendations of

Treaty to a method of settlement other than thoseprovided for herein.

ARTIOLE

The Court may also, by virtue of the presentStatute or a law of the Community, be empowered toact as an Arbitration Court.

Chapter V

THE ECONOMIC AND SOCIAL COUNCIL

ARTIOLE

The judicial organs of the Community and thoseof Member States shall assist each other in the exer-cise of their functions.

ARTIOLE 50

ARTIOLE

The Eoonomio and Social Council shall assist theEuropean Executive Council and Parliament in anadvisory capacity.

It shall deliver opinions to each of the Chambersof Parliament and the European Executive Councilif they so request. It may also transmit resolutions tothem.

Appeals lodged with the Court shall have no sus-pensory effect. Notwithstanding this provision theCourt may, if it considers that circumstances so de-mand, order a stay of execution of the decision or re-commendation which is the subject of the appeal.

The Court may also order any other interim mea-sures which it deems necessary.

ARTIOLE

The Community shall enact legislation establish-ing the membership, competence and modus operandiof the Economic and Social Council.

If an Economic and Social Council is set up the Council of Europe, agreements shall be concludedto enable the Economic and Social Council of the Com-munity to constitute a section of the Council thuscreated, and to take part in its deliberations. Wherenecessary, however, the Economio and Social Councilof the Community shall be separately consulted.

Chapter VI

Before the expiry of this period the President of

the European Executive Council may request Parlia-

ment to hold a new debate.O. Laws shall be published in the

Official Journal

of the Community. They shall have executive effect

at such time and under such conditions as shall be

laid down in legislation enacted by the Community.LEGISLATION

ABTIOLE

ARTIOLE

The European Executive Council may issue regu- .

lations to ensure the implementation of the laws ofthe Community.

The European Executive Council a,nd the Autho--rities of each Member State shall be charged, as they

are each and severally affected, with the execution of

the Community legislation and of the regulations

of the European Executive Council.

1. The passing of legislation shall require the assentof each of the two Chambers in succession by simple

majority.

2. After the adoption of a, bill by the two Chambers,a second deliberation shall be held automatically in

the Peoples' Chamber and in the Senate if requested

by one quarter of the Members of the Senate withinthree clear days.

The second deliberation shall begin ten clear daysafter the request has been made.

A second deliberation in accordance with this pro-cedure may not be requested more than once on thesame bill.

3. A bill shall be considered as finally passed into

law after it has been approved at a second deliberationor, if no admissible request for a second deliberation

has been made, at the expiry of the period of three

olear days laid down in ~ 2 of the present Artiole.

4. Laws shall be promulgated by the President of

the European Executive Council within a period of

eight clear days from the day on which they are finallyvoted in accordance with the provisions of .~ 3.

ABTIOLE

Under the conditions and within the limits inwhich it is entitled to legislate, Parliament may alsomake recommendations which shall be binding ' as

regards the aims specified therein, but shall leave the

means of implementation to the Authorities to whom

the recommendation is addressed.

Recommendations shall be adopted and promul-

gated in accordance with the procedure laid down

in Article 52 for legislation of the Community.

P ART III.

Powers and Competence

Chapter I

GENERAL RIGHT OF INITIATIVE

ARTIOLE

The Community may make proposals to theMember States with the object of attaining the generalaims defined in Article

Such proposals shall be made by the EuropeanExecutive Council, either on its own initiative or asa result of a motion by Parliament or by one of theChambers.

The European Executive Council may requestMember States for information on the action whichthey have taken in regard to the proposals of the

Oommunity.

Chapter II

Defence Community must be submitted to Parliamentfor prior approval.

In urgent cases the measures taken shall be imme-diately submitted to Parliament for subsequentratification.

INTEGRATION OF THE EUROPEAN

COAL AND STEEL COMMUNITY AND

OF THE DEFENCE COMMUNITY

ARTIOLE

ARTIOLE

The integration of the European Coal and SteelCommunity and the European Defence Communityshall be accomplished progressively during a periodof adaptation not exceeding two years from the date

of the constitution of the Peoples ' Chamber.

The Community shall, with due regard to theprovisions of Article 5, exercise the powers and com-petence of the European Coal and Steel Communityand those of the European Defence Community.

ARTIOLE

ARTIOLE 5'1

1. .As soon as the Peoples ' Chamber has come intobeing, the Common Assembly of the European Coaland Steel Community and the European Defence Com-munity shall be replaced by the Parliament of theCommunity, which shall exercise the powers and com-petence of the former, except as laid down in thetransitional provision embodied in sub-paragraph (ii)of paragraph 1 of Article 62.

Subject to the provisions of Articles 5 and 56the provisions of the Treaties instituting the EuropeanCoal and Steel Community and the European DefenceCommunity shall remain in force, except in the casesprovided for in Articles 39, 58 to 65, 109 and 116

and in the Protocol on the privileges and immunitiesof the Community.

When the present Treaty comes into force:

ARTIOLE

The Council of National Ministers shall .repla,cethe special Councils of Ministers of the European Coaland Steel Community and the European Defence Com-munity and shan .exercise their powers and, Qompetence.

The judicial powers provided for in the presentStatute shall be exercised by the Court of Justice ofthe European Coal and Steel Community. and .of ,theEuropean Defence Community.

The decisions which the High Authority or theBoard of Commissioners are authorized to take byvirtue of the first paragraph of Article 95 of the Treatyinstituting the European Coal and Steel Communityand Article 124 of the Treaty instituting the European

:91

ARTIOLE

1. The European Executive Council shall be substi-tuted for the Board of Commissioners of the EuropeanDefence Community and shall exercise the powersand competence thereof;

2. The High Authority of the European Coal andSteel Community shall continue to exist as an admin-istrative body having the character of a board. Itsmembers shall be appointed by the European ExecutiveCouncil on proposals submitted by the Governmentsof the Member States. It shall discharge its functionsunder the direction and supervision of the EuropeanExecutive Council.

ARTIOLE

During the period laid down in Article 59, theHigh Authority of the European Coal and Steel Com-

munity and the Board of Commissioners(*) of the

European Defence Community shall discharge theirfunctions under the supervision and responsibility ofthe European Executive Council.

1. During the period laid down in Article 59 :

(i) The President of the High Authority of theEuropean Coal and Steel Community and the Presidentof the Board of Commissioners of the European DefenceCommunity shall sit "ex officio" on the EuropeanExecutive Council with the right to vote:

(ii) The President of the High Authority of theEuropean Coal and Steel Community shall retain thestatus resulting from the treaty instituting the EuropeanCoal and Steel Community.

The responsibility envisaged in Article 24 of thattreaty may be questioned only before the Senate.

2. As soon as the first European Executive Counciltakes office, the Board of Commissioners of the EuropeanDefence Community shall be responsible to Parliamentunder the same conditions as the European ExecutiveCouncil.

ARTIOLE

1. The budgetary and financial provisions of thetreaty instituting the European Coal and Steel Com-munity shall remain in force during the period laiddown in Article 59.

ARTIOLE

At the expiry of the period laid down in Article 59,

and with due regard to the provisions of Articles 5

and 56 :

2. Nevertheless, with effect from the date on whichthe Peoples ' Chamber comes into being the budgetof expenditure of the European Defence Communityshall be voted by Parliament, under the conditionslaid down in Article 76 of the present Treaty.

3. At the expiry of the period laid down in Article 59the whole of the regula.tions embodied in Articles 75to 81 shall come into force, subject to the proviso thatthe allotment of receipts resulting from the imple-mentation of the Treaties instituting the EuropeanCoal and Steel Community and the European DefenceCommunity shall be maintained.

ARTIOLE

) (( Cotnmissariat

)).

The European Executive Council, during theperiod laid down in Article 59, shall take such decisions

as are necessary to ensurE) the implE)mentation Articles 5 and 56.

Should these measures involve the.. ~m~nd~ent ofe or more provisions of the treaties mstItutmg the

:roPE)an Coal and Steel Community and the EuropeaDefE)nce Community, other than those already . modi-

fied by the present Treaty, in particular by ArtICles ~,

56 and 59 to 64, such amendments s~all be made mththe Provisions of ArtIcles 110 to 115.accor ance w

Oltapter III

INTERNATIONAL RELATIONS

ARTIOLE

ARTIOLE 1. Within the limits of the powE)rs and competenceconferred upon it, the Community may conclude trea-ties or international agreemE)nts or accede thereto.2. The Community may conclude trE)aties or agree-ments of association with third States, under the condi-tions prescribed in Articles 90 to 92.

Such provisions of the present Treaty as rel~te tothe European Defence Community shall be a~pli~ab1e

when both the present Treaty and the treaty 1l1StItut-

ing the European Defence Community shall have comeinto force.

ARTIOLE

The European Executive Council shall negotiateand conclude treaties or international agrMments onbehalf of the Community.

Where such treaties or agreements relate to mat-ters in which the present Statl!lte provides for theassent of another institution of the Community, theEuropean Executive Council may ratify them onlywhen authorized so to do by the other institution con-cerned, acting in accordance with the procedure andconditions laid down for the exercise of its compE)tence.

ARTIOLE

In order to achieve the general aims laid down inArticle 2, the Community shall ensure that the foreignpolicies of Member States are co-ordinatE)d.

For this purpose the European Exec~t~ve Council

may be empowered, by unanimous deCISIon of the

Council of National Ministers, to act as common repre-

sentative of the Member States.

ABTIOLE

For the purposes defined in the previous article:

Representatives of Member States in the Council

f National Ministers shall exchange information andinstitute a procedure for mutual and per~anent con-

sultation on all questions which affect the mterests lJf

the Community.

2. The European Executive Council may ~ake p::o-

posals for this purpose to the Council of NatIOnal Mm-

isters. It shall have the right to be heard at all meet-

ings of the Council of National Ministers when these

proposals are examined.

Parliament acting through the European Execu-

ive Council, m~y address proposals to the Council of

National Ministers or to the Governments of Member

States on all matters affecting the interests of theCommunity.

The European Executive Council ~ay, at th~ re-

quest of Parliament, invite the Council of NatIonal

Ministers or the govermnents in question to make

known what action has been taken on these proposals.

2. prepare a draft pact for the peaceful settlementof any disputes which may arise between the MemberStates and which do not come within the competenceof the Court;3. establish the procedure for conciliation and arbi-tration required for the implementation of Article 73

4. draft other treaties or agreements among theMember States or between certain individual MemberStates.

The European Executive Council shall invite theMember States to implement such treaties or agree-ments in accordance with their usual constitutionalprocedure.

ABTIOLE

Member States may not conclude treaties or inter-national agreements which run counter to commit-ments entered into by the Community or adhere tosuch treaties or agreements.

ABTIOLE

The Community shall:

institute a procedure for consultations among theMember States, so that a common attitude may be

adopted at any international conferences where the

interests of the Community may be involved;

ABTIOLE

Member States shall inform the European Execu-tive Council of any draft treaties or agreementswhich they are in process of negotiating, or of anyinitiative taken by them which affects the Com-munity.

If the European Executive Council considers thatany such draft or initiative is likely to impede theimplementation of the present Statute or to affectthe interests of the Community, and if no agreementwith the State in question can be reached, the dis-

pute shall, subject to any other procedure providedfor in the present Statute, be submitted to concil-iation or, if this is unsuccessful, to arbitration.

ARTIOLE

The Community shall, to the extent required for

the achievement of its aims and within the limits ofits powers and competence, have the right to accre-

dit and receive diplomatic representatives.

Chapter IV

FINANCIAL PROVISIONS

ARTIOLE'lli

1. The budget shall embrace the total receipts andexpenditure of the Community. It shall be divided

into Chapters.

2. The Community shall enact legislation definingthe methods of presentation and implementation ofthe budget, together with the methods by which thisimplementation shall be supervised.

ARTIOLE

1. The budget shall be proposed by the European

Executive Council, subject to the provisions of Articles, 79 and 80.

2. The budget shall be voted annually by Parliament.Parliament may exercise its right of amendment only

within the limits of the grand total of the proposedexpenditure. It may not add new Chapters involving

additional expenditure.

3. If the budget is not approved by Parliamentbefore the beginning of the financial year, the EuropeanExecutive Council may prolong the budget of thepreceding year for a quarter ata time, until the new

budget shall have been adopted. In that case, the

provisions of Article 81 , relating to the transfer of

credits from one chapter to another, shall not applicable.

unanimously decided by the Council of National Min-isters, on the proposal of the European ExecutiveCouncil.

ARTIOLE ARTIOLE

The financial resources of the Community shall

be derived from:its own receipts, which include taxes, loans

and various products of the Community;

the contributions paid by Member States.

ARTIOLE

1. The European Executive Council shall implementthe provisions of the budget, :in accordance with theprovisions of the legislation envisaged in Article 75.

It may not transfer credits from one Chapter to anotherunless authorized by Parliament so to do.

2. Not later than six months after the end of thefinancial year, the European Executive Council shallsubmit to Parliament a bill approving the accountsfor that financial year.

1. The methods of determining the assessment, the

rates of taxation and the manner in which the Com-munity s taxes are levied shall be laid down by the

European Executive Council in the form of bills, with

the unanimous concurrence of the Council of NationalMinisters. Such bills shall be submitted to Parliamentfor approval. Their provisions shall be promulgated

as legislation of the Community.

2. There shall be no exemption from taxes levied

by the Community.

ARTIOLE

No loan may be issued without the approval ofParliament, except such loans as fall due within less

than one year when necessary to provide for the annualbalancing of accounts by the Treasury.

ARTIOLE 80

The basis for determining the contributions ofMember States and the rate of contribution shall be

100

ARTIOLE

ARTIOLE

1. The Community may not exercise the powers

conferred upon it by Article 82 until one year afterthe present Treaty has come into force.

2. At the expiry of the period mentioned in thepreceding paragraph, and during a period of five

years thereafter, the measures to be taken in appli.

cation of Article 82 shall be embodied in proposals

drawn up by the European Executive Council, withthe unanimous concurrence of the Council of NationalMinisters who may consult, if need be, their respectivenational Parliaments before delivering an opinion. Suchproposals shall be submitted to the Parliament of theCommunity for approval. The provisions which theycontain shall be enacted as legislation of the Community.

3. At the expiry of this period of five years, themeasures to be taken in application of Article 82 shallbe embodied in proposals drawn up by the European

Executive Council, with the concurrence of the Councilof National Ministers. Such proposals shall be submittedfor approval to the Peoples ' Chamber , voting by simplemajority and to the Senate, voting by two.thirds

majority. The provisions which they contain shall beenacted as legislation of the Community.

Chapter V

ECONOMIC POWERS

ARTIOLE

The Community, while upholding the princip1es

defined in Articles 2 , 3 and 4 of the Treaty institutingthe Europea;n Coal and Steel Community, shall establishprogressively a common market among the Member

States, based on the free movement of goods~ capital

and persons.

In order to achieve the aim mentioned in the

preceding paragraph, the Community shall foster the

co-ordination of the policy of the Member States in

monetary, credit and financial matters.

The Community shall have the power to take themeasures rendered necessary by Articles 84 to 87.

From the date on which the present Treaty becomeseffective, nationals of Member States who have com-

pleted their service in the European defence forces

shall have freedom of movement within the Communityand freedom to choose their domicile in the territoryof any Member State under the same conditions as

are applicable to nationals of that State.

The same facilities shall be afforded to nationalsof Member States born after the present Treaty hascome into force.

ARTIOLE

1. In order to facilitate the progressive establishment

of the common market envisaged in Article 82 aEuropean Re-adaptation Fund shall be instituted, toenable assistance to be given where necessary to enter.prises and workers , on lines similar to those laid downin Article 56 of the treaty instituting the EuropeanCoal and Steel Community.

103

102

Applications for assistance may also be made the Governments of Member States.

2. The Fund shall be financed by:

(i) contributions from the Member States

(ii) loans raised by the Community,

(ill) an annual levy at a rate not exceeding 5 %of the value of orders placed in execution of the pro-

grammes referred to in Article 101 of the treaty insti-tuting the European Defence Community.

The rate of the levy, within the limits definedabove, and its assessment and collection shall be laiddown in legislation to be enacted by the Community.

3. The Fund shall be administered by the EuropeanExecutive Council under the supervision of Parliament.

The Economic and Social Council may be con-

sulted on the administration and operation of the Fund.

or States and in so far as that State or States are con-cerned, suspend application of the measures in question.

The Court or the Arbitration Tribunal shall passsummary judgment, notify the President of each Cham~bel' that the appeal has been lodged, and state whatdecision it has taken.

ARTIOLE

ARTIOLE

Member States shall consult the European Execu-tive Council before concluding among themselves agree~ments likely to restrict the movement of labour andcommo~ties, or before taking any measures, parti-cularly ill the monetary field, which might have simi-lar effects.

Should the European Executive Council find thatsuch agreements or measures conflict with the aimsof the present Treaty, in particular those defined inArticle 82, or that they are likely to cause fundamentaland persistent disturbances to the economy of theother Member States or to entail the application ofthe measures specified in Article 67 of the treaty insti-tuting ~he European Coal and Steel Community, it may, WIth the assent of the Council of National Min-isters, address appropriate proposals to the MemberStates concerned.

One or more Member States may appeal to theArbitration tribunal provided for in Article 73 or, priorto the date on which such tribunal is set up, to theCourt, against the measures taken by the Communityin implementation of paragraph 3 of Article 84, ifthey deem that such measures might cause fundamen-tal and persistent disturbances to their economy.

The existence or imminence of such disturbancesshall be confirmed, at the request of the MemberState or States concerned, by th~ Court or ArbitrationTribunal. Until such time as the competent institu-tion of the Community shall have taken appropriatesteps to eliminate the disturbances, the Court or Arbi-tration Tribunal shall, at the request of the same State

104

Chapter VI

SPECIALIZED AUTHORITIES

ARTIOLE

Within the framework of the mission and generalaims laid down in Article 2, the Community may setup, or sponsor the creation of, administrative bodies

institutions, public services or services in the Euro-pean public interest, or self-governing and financiallyindependent organizations, centralized or decentral-ized ; it may also exercise supervision over them.

Organizations of the Community for which provi-sion is made in the preceding paragraph may be govern-ed by any form of public or private law, or be subjectto national or Community legislation.

In order to fulfil the tasks entrusted to it, theCommunity may also make use of existing services.

The Community shall enact legislation in imple-mentation of the present Article.

PART IV.

Ass ocia tion

ARTIOLE

The Community may represent its Member Statesin any Specialized Authority or Community to whichall such Member States belong.

ARTZOLE 90

The Community may conclude treaties or agree-ments of association in order to establish, in certainfields, close co-operation, involving reciprocal rightsand obligations, with such third States as guaranteethe protection of the human rights and fundamentalfreedoms mentioned in Article 3.

Such treaties or agreements may be concludedeither with a European non-member State or, in accord-ance with the provisions of its Constitution, with overseas State, having constitutional links either witha Member State or with a State which is already asso-ciated with the Community.

Should such treaty or agreement of associationnecessitate a revision of the present Statute, such

revision shall be made in accordance with the provi-lions of Article 116.

ARTZOLE

A treaty of association may provide inter alia for:1. Participation in the Council of National Ministersof representatives of the Governments of the associatedStates, and participation in the Senate of representativesof the peoples of the associated States, either with

full or with partial rights;2. the creation of permanent joint committees onthe governmental or parliamentary level;

3. the obligation to exchange information and under-take mutual consultation.

109

ARTIOLE

The treaty of association shall provide for proce-dure to uphold the rule of law in the interpretation andapplication of the treaty of association.

The Court of the Community may be empowered. by the treaty of association to settle differences between

the Community and an associated State.

The Court and the other judicial organs of theCommunity may also be given competence to take

cognizance of certain litigation concerning nationals

of an associated State.

In such cases, and in accordance with the methodsdefined in the treaty of association, judges appointed

by the associated State may sit in the judicial organs

of the Community.

PART V.

Inauguration of the Institutions

of the Community

ARTIOLE

The . members of the European Executive Councilthose of the Council of National Ministers and the

representatives of the associated States shall periodicallymeet in conference.

.A.RTIOLE

The first Senate shall be constituted within amonth after the present Treaty has come into force.

It shall be convened by the President of theCommon Assembly of the European Coal and SteelCo!llmunity.

.A.RTIOLE 95 (*

The Senate shall fix the date of the elections tothe Peoples ' Chamber. They shall take place withinsix months after the present Treaty comes into force.

.A.RTIOLE

1. Until such time as the legislation envisaged in..Article 13 has come into force, elections to the PeoplesChamber shall take place in the territory of eachMember State on a basis of proportional representationthe use of the "combined list" (apparentement) systembeing optional.

The procedure to be followed in each State shallbe laid down by national legislation. Regulationsconcerning the electoral law, in particular the rightof franchise, the electoral list, the organization and

) After voting on this Article, the Assembly agreed to the' recommendation of the Constitutional Committee "that the expensesof the :first election to the Peoples' Chamber be borne by the Com-munity, subject to sU,ch precautions and safeguards as the Communityshall stipulate"

113

counting of votes, shall be laid down by legislation

in each Member State.

2. Until such time as :(i) the law on eligibility mentioned in Article 19;

(ii) the law on incompatibility mentioned in para-graph 5 of Article 20

have come into force, the regulations concerningeligibility and incompatibility shall be laid down bythe legislation of each Member State, subject to thereservation that paragraphs 1 , 2 , 3 and 4 of Article shall be applied forthwith.

PART VI.

ARTIOLE

The President of the Senate shall convene thePeoples ' Chamber and the Senate within the fortnightfollowing the date of the elections which shall bedetermined in accordance with the provisions ofArticle 95.

General Provisions

ARTIOLE

As soon as the Peoples ' Chamber has been consti-tuted, the Senate shall elect the President of the Euro-pean Executive Council.

ARTIOLE

The Council of National Ministers shall meet assoon as the European Executive Council has taken upoffice.

ARTIOLE 100

1. The seat of the various Institutions of the Com-munity shall be determined by Parliament within aperiod of one year from the date on which the PeoplesChamber comes into being.

2. Each Chamber shall vote bya two-thirds majorityof its Members.

3. As an appendix to the law which they adopt, aProtocol shall be issued by the European ExecutiveCouncil, placing the location or locations selected underthe exclusive jurisdiction of the Community. Beforethis law is voted, the Protocol must be agreed betweenthe European Executive Council and the Governmentor Governments of the State or States whose territoryis affected.

4. Pending the decision for which provision is madein paragraph 1 of the present Article, the Institutionsof the Community shall have their provisional seatat Strasbourg.

ARTIOLE 101

1. Unless any Member State concerned makes adeclaration to the contrary before signature of the

Treaty, the provisions of the Statute shall apply toall territories under the jurisdiction of each State.2. Laws, recommendations and all other decisionsof the Community, together with the treaties concludedby the latter, shall not be applicable to non-EuropeanterPitories ex-cept with such adaptations as may be

117

laid down by the Member State under whose juris-diction they fall.

3. The provisions of the Statute may be extended

in whole or in part, by means of separate protocols,

to the territories mentioned in the declaration providedfor in paragraph 1, and also to States, countries orterritories for whose international relations a Member

State or an Associated State is responsible.

ARTIOLE 103

When a Member State regains jurisdiction over aterritory which formed part of that State on 31 De-

cember 1937, the present StaWteshall ipso facto become

applicable to the said territory.

Any adjustments to the composition of the PeoplesChamber which might result from this situation shallbe made by means of the procedure provided inArticle 112.

ARTIOLE 102

ARTIOLE 104

Member States may request the European Exe-cutive Council for assistance in maintaining constitu-tional order and democratic institutions within theirterritory.

The European Executive Council , with the unani-mous concurrence of the Council of National Ministers,shall lay down the conditions under which the Com-

munity shall be empowered to intervene on its own

initiative. The relevant provisions shall take the formof a bill to be submitted to Parliament for approvalwithin one year from the date of the coming into beingof the Peoples ' Chamber. They shall be enacted aslegislation of the Community.

ARTIOLE 105

The Member States pledge themselves to take all

measures necessary to implement the laws, regulations,decisions and recommendations of the Community andto assist the Community in the accomplishment ofits mis~ion.

) This Article was referred, with the relevant Amendments,to the Special Council of Ministers of the European Coal and SteelCommunity. (See Appendix I, page 93.

1l~118

The Member States further undertake to refrainfrom any measure incompatible with the provisionsof the present Statute.

tuting the European Coal and Steel Community andof the treaty instituting the European Defence Com-munity, to the extent that these have not been modi-fied by the present Treaty.

ARTIOLE 106

The decisions of the European Executive Counciland the judgements of the Court shall have executiveforce in the territory of the Member States.

Enforcement in the territory of the Member Statesshall be ensured through the normal legal channels ofeach State. It shall be preceded by the customaryexecutive formula employed in the State within whoseterritory the decision is to be enforced, there being

no intervention by the national authorities other thana verification of the authenticity of the decision. Thisformality shall be entrusted to a Minister appointed

for the purpose by each Government.

ARTIOLE 109

The 3rd and 4th paragraphs of Article 95 andArticle 96 of the Treaty instituting the European Coaland Steel Community, and Articles 125 and 126 of theTreaty instituting the European Defence Communityare abrogated.

ARTIOLE 110

The European Executive Council, either of thetwo Chambers, and each of the Member States maymake proposals for the amendment of the presentStatute.

ARTIOLE 107

Liaison between the Institutions of the Commun-ity and the Council of Europe shall be ensured in accord-ance with the provisions of the Protocol appended tothe present Treaty.

Proposals for amendment made by one of theChambers or by a Member State shall be transmittedto the European Executive Council which shall setin motion the procedure for which provision is madein Articles 111 to 115 of the present Statute.

ARTIOLE 108ARTIOLE 111

1. In the present" Treaty the words "the presentTreaty shall be interpreted to mean the clauses ofthe Treaty and its appendices.

2. In the present Treaty, the words "the presentStatute" shall be interpreted to mean the clauses ofthe present Treaty as defined in the preceding para-

graph, together with the provisions of the treaty msti-

Amendments to the provisions of the presentStatute involving a modification of the powers andcompetence of the Community vis- vis the MemberStates, or a modification of the definition of humanrights and fundamental freedoms guaranteed by thepresent Statute, shall be made by means of the follow-ing procedure:

120 121

The European Executive Council shall decide on

a draft amendment to the Statute, with the unanimous

concurrence of the Council of National Ministers.

The draft amendment shall be submitted for appro-val to the Parliament of the Community and to the

Parliaments of the Member States.

The amendment shall be promulgated by theEuropean Executive Council.

The European Executive Council shall decide ona draft amendment to the Statute.

The draft amendm~nt shall be submitted forapproval to the Parliament of the Community.

The amendment shall be promulgated by theEuropean Executive Council.

ARTIOLE 114

ARTIOLE 112The Court shall adjudicate in any disputeconcer-

ning the procedure to be followed on a proposal foramendment, if requested to do so by .an institutionof the Community or a Member State.Amendments to the provisions of the present Sta-

tute involving an alteration in the relations between

the Institutions of the Community, or in the divisionof powers and competence among them, or . amend-

ments tending to affect the guarantees provIded forthe States in the composition or working procedure

of these Institutions , shall be made in accordance with

the following procedure:

The European Executive Council shall decide ona draft amendment of the Statute, which shall besubmitted to the Council of N atiOI).al Ministers for

unanimous approval.

The draft amendment shall be submitted for

approval to the Parliament of the Community.

The amendment shall be promulgated by the

European Executive Council.

ARTIOLE 115

Amendments to the provisions of the Treatyinstituting the European Defence Community, whichmight affect mutual aid agreements between theMember States of the European Defence Communityand the United Kingdom, on the one hand, and theMember States of the European Defence Communityand States parties to the North Atlantic Treaty, onthe other hand, shall not become effective until agree-ment has been reached with the interested States.

ARTIOLE 116

ARTIOLE 113

1. Accession to the Community shall be open to theMember States of the Council of Europe and to anyother European State which guarantees the protectionof human rights and fundamental freedoms mentionedin Article 3. 2. Any State desirous of acceding to the presentStatute shall address its request to the EuropeanExecutive Council. The latter shall inform the Council

Amendments to the provisions of the presentStatute other than those referred to in Articles IIIand 112 shall be made in accordance with the follow-

ing procedure:

122 123

of National Ministers and the Parliament of the Com-

munUy accordingly.

3. Accession shall form the subject of an instrument

of accession which shall form a Protocol to the present

Statute. This instrument, which shall contain the

necessary amendments to the Statute, shall be drawn

up by the European Executive Council with the con-

currence of the CoUI\cil of National Ministers. It shall

be submitted to the Parliament of the Community

for approval.

4. The instrument of accession shall come into forceas soon. as the European Executive Council has pro-mulgated it and the State concerned has

deposited

its instrument of ratification with the European Execu-

tive Council.

5. The provisions of Article 98 of the treaty

instituting the European Coal and Steel Communityand of Article 129 of the treaty instituting the European

Defence Community are abrogated.

Within one year after the present Treaty shallhave come into force

, ...

shall deposit the present

Treaty, together with the instruments of ratificationin the archives of the European Executive Council.

When the Council of National Ministers has takenup office, it shall arrange for the preparation of autho-ritative texts of the present Treaty in the languagesother than that of the original copy.

Should there be any divergence, the text of theoriginal copy shall prevail.

In witness whereof the undersigned Plenipoten-tiaries have placed their signatures and seals at theend of the present Treaty.

ARTIOLFJ 117

The present Treaty, drawn up in a single original

copy, shall be provisionally deposited in the archives

of ... which shall transmit a certified copy thereof

to the governments of each of the other signatory

States.The present Treaty shall be ratified. The instru-

ments of ratification shall be deposited with

...,

which shall notify the Governments of the other MemberStates accordingly.

The present Treaty shall come into force on the

day when the instrument of ratification shall be depo-sited by the penultimate State to fulfil this formality.

124

Protocol on the privileges and

immunities of the Community

The Member States of the E1lropean Community

Considering that, under the terms of Article 4

of the Treaty, the Community will enjoy on the terri-tories of the Member States the immunities and pri-vileges necessary to the fulfilment of its mission under

the conditions provided for in an annexed Protocol

Have agreed to the following:

ARTIOLE

The privileges, immunities and facilities laid downin the present Protocol are granted with the sole object

of guaranteeing to the Community the conditions

necessary for the fulfilment of its mission.

ARTIOLE

The premises and buildings of the institutions ofthe Community, together with its archives, shall beinviolable. They shall be exempt from search, requi-

sition, confiscation or expropriation.

ARTIOLE

The property and assets of the Community maynot be the object of any administrative or judicialmeasure of constraint without the authorization of theCourt.

129

ARTIOLE tutions of the Community. These passes shall be recog-

. nizedas valid travel documents by the Authorities ofMember States.The Community may hold or have accounts in

any kind of currency.ARTIOLE

ARTIOLE

The Community, its assets, income and other

properties shall be exempt from:

(i) all direct taxes; however, the Community will

not request exemption from such ta:xes, charges a

duties as constitute only direct payment for publicutility services; (ii) all customs duties, prohibitions and reS~r1ctlOns

on imports and exports with respect to artIcles Intendedfor its official use; articles thus imported free of ~uty

shall not be sold on the territory of the country mt

which they have been imported, except under condI-

tions agreed to by the government of such countr

(ill) all customs duties and all prohibitions an~ restrltions on imports and exports with respect to Its publi-cations.

The privileges, immunities and facilities grantedto Members of Parliament shall be governed by Article 25of the present Treaty.

The privileges, immunities and facilities grantedto the judges and solicitors-general of the Court shallbe governed, unless the present Treaty otherwise pro-

vides, by the provisions of the Protocol on the Code

of the Court of Justice of the European Coal andSteel Community and any amendments which may bemade thereto.

ARTIOLE

ARTIOLE

Members of the Council of National Ministers andpersons accompanying them officially shall enjoy, dur-ing the exercise of their functions and during theirtravel to or from the place of meeting, the customaryprivileges and immunities.

For their official communications , the institutions

of the Community shall enjoy on the territory of eachMember State the treatment granted by that

State

to diplomatic missions.

Official correspondence and other official communi-

cations of the institutions of the Community shall not

be subject to censorship.

ARTIOLE

ARTIOLE 10

The European Executive Council s~all issue la~sse

passer to the members and higher officials of the mstl-

On the territory of each of the Member Statesand regardless of their nationality, Members of theEuropean Executive Council:

(i) shall enjoy immunity from legal process for actsperformed by them in their official capacity, includingtheir speeches and writings; this immunity shall con-tinue after the expiry of their term of office. In caseswhere an action is brought before a national Courtproceedings shall be suspended until such time as the

131130

Senate has waived immunity, in accordance with

Article 13 below;ii) shall be exempt from any national taxation onsalaries or emoluments paid by the Community;

ill) shall be exempt, together with their spouses and

the dependent members of their families, from regula-tions limiting immigration and from formalities forthe registration of foreigners;

iiii) shall enjoy the right to import their personalproperty and effects free of duty at the time they assumetheir functions in the country in question, and tore-export such property and effects free of duty to theircountry of residence at the expiry of their term ofoffice.

Executive Council, on the proposal of the President

of each institution, shall determine the classes ofofficials to which the provisions of Article 10 aboveshall apply in whole or in part.

The names of the officials included in such classesshall be communicated periodically to the Govern-ments of the Member States.

The European Executive Council shall be empo-wered to waive the immunity granted to an official the Community, after consulting the President of theinstitution to which the official belongs.

ARTIOLE

ARTIOLE

The immunity granted to a member of the Euro-pean Executive Council may be waived only by adecision of the Senate.

The Community shall enact legislation definingthe classes of officials of the Community to which theprovisions of the preceding article shall apply in wholeor in part, and the conditions under which such immu-nity may be waived.

The Community may also enact legislation orde-ring that a tax be levied for the benefit of the Commu-

nity on the salaries and emoluments which it pays its officials, to the extent that such salaries and emolu-

ments are exempt from national taxation by Member

States, in accordance with the provisions of the presentProtocol.

ARTIOLE

The European Executive Council may concludewith one or several Member States, complementaryagreements to amend the provisions of the presentProtocol.

ARTIOLE

Any dispute concerning the interpretation or appli-cation of the present Protocol shall be submitted tothe Court.

ARTIOLE

Until such time as the legislation mentioned inArticle 11 shall have come into force, the European

132

Protocol on links with the

Council of Europe (*

) An identical protocol would be appended to the Statnteof the Council of Europe. It would differ from the present textas regards certain procedural articles only.

The corresponding versions are given in italics and inparentheses in the present text.

The Members of the European Community,

(The Members of the Council of Europe

Believing that it is necessary to exta,blish as manyand as close links as possible between the Council ofEurope and the European Community, so that theCouncil of Europe may constitute the general politi-ca,l fra,mework of Europe

Now hereby agree as follows:

ARTIOLE

The Consultative Assembly of the Council ofEurope shall consist of the members of the Senate ofthe Community and of a corresponding number ofrepresentatives of the other Members of the Councilof Europe, determined on the basis of the qualifieddistribution at present in fQrce.

The provisions of Article 25 (c) of the Statute of

the Council of Europe, concerning substitutes, shallnot be affected by the present Article.

ARTIOLE

The European Executive Council sha,ll be repre-sented at the meetings of the Committee of Ministersof the Council of Europe by one or more of its members.

ARTIOLE

The European Executive Council shall transmita report on the activities of the Community at least

137

once a year to the Consultative Assembly and to the

Committee of Ministers of the Council of Europe.

The Members of the European Executive Council

may attend all meetings of the Consultative Assemblyat which such reports are discussed

, and shall be heard

if they so request.

Community and other Members of the Council of.Europe.

.ARTIOLE

The Community and the Council of Europe shallconsult together. as regards the possibility of installingthe seat of theIr respective institutions in the sameplace.

.ARTIOLE .ARTIOLE

Other forms of collaboration between the Com-~unity and the Council of Europe shall be laid down

agreements, which may provide inter alia:

(1) that certain administrative services be commonto the C~mmunity and the Council of Europe, to anextent still to be determined'(2) that information and other data be exchanged on

a basis of reciprocity.

1. The Council of Europe shall exercise vis-a.-vis

the Community the competences conferred on it by

Article 15 of its Statute.2. The European Executive Council shall inform theCouncil of Europe of measures proposed by the

Com-

munity, which are likely to affect the interests of otherMembers of the Council of Europe.

3. The European Executive Council may consult theCouncil of Europe before taking the

measures referred

to in the previous paragraph.

4. The European Executive Council shall inform theCouncil of Europe of the effect which it has given toany Recommendations received from the Committee

of Ministers of the Council of Europe, in accordance

with the provisions of Article 15 (b) of the Statute

of the Council of Europe.

.ARTIOLE

The present protocol shall come into force imme-diately upon the institution of the Community, and assoon as the Secretary-General of the Council of Europeshall have notified the European Executive Councilthat the protocol on links with the Community, a ppen-~ed to the Statute of the Council of Europe , has comemto force.

.ARTIOLE

(Artitle 8. ~ The present protocol constitutes anamendment to the Statute of the Council of Europe. It willbe ratified and will come into force as soon as... Member

~Cttes shall have deposited their instruments of ratificationw~th the Secretary- General of the Council of Europe, andas soon as the European Executive Council shall havenotified the Secretary- General that the Treaty institutingthe European Political Community has come into force.

The Committee of Ministers and the Consultative

Assembly shall place on their respective agenda anyrequests for opinions addressed to them by the Euro-

pean Executive Council and any proposals the lattermay make for the preparation of treaties or parallellegislation on questions of common interest to the

139138

APPENDIX I

Texts relating to Article 102 of the Draft Treaty

1. - TEXT OF ARTICLE 102 PROPOSED BY THECONSTITUTIONAL COMMITTEE.

(Article 101 of the Draft presented to the Assemblyby the Committee)

1. The Saar and its people shall be an integral partof the European Community. The people of the Saarshall share the rights and duties of the Communityin the same way as the peoples of Member States.2. Until such time as the :fi:nalstatus of the Saarshall have been established, and without prejudiceto any subsequent decision taken to this effect, thepeople of the Saar shall be represented in the Euro-pean Community in the following manner:i) The people of the Saar shall elect .. representa-

tives to the Peoples ' Chamber and three represen-tatives to the Senate.

In both Chambers, representatives of the peopleof the Saar shall have the same rights and dutiesas the other members.

ii) Representatives of the people of the Saar in bothChambers of Parliament shall be elected in accor-dance with Article 13, paragraph 1, of the presentTreaty. The first election shall take place by uni-versal, equal and direct suffrage and by secretballot, according to the proportional representa-tion system and the methods adopted by commonagreement, before ratification of the present Treaty,between the Saar, the Federal Republic of Ger-

many and the French Republic.

141

II. - AMENDMENTS TO THIS ARTICLE TABLED DURING THE

:MARCH SESSION OF THE AD HOO ASSEMBLY

AMENDMENT . No 105

"'-

AMENDMENT No 98

TO THE REPORT OF THE CONSTITUTIONAL COMMITTEE

presented by MM. Muller and Singeron r March 1953

TO THE REPORT OF THE CONSTITUTIONAL COMMITTEE

presented by M. MllIUrice FlJ!Wreon '1 March 19$3

ARTIOLFJ 101

ARTIOLFJ 101

Paragraph 2 to be replaced by the followingparagraphs:2. The people and territory of the Saar shall havethe same claim to representation in the institutions ofthe Community as the people and territories of theother Members.

3. The conditions governing the representation of theSaar shall be laid down as soon as the status of theSaar has been determined and confirmed by inter-national agreement.

Paragraph 2 to be reworded as follows:

2. Until such time as the final status of the Saar shallhave been established, and without prejudice to anysubsequent decision taken to this effect, the people

of the Saar shall be represented in the European Com-munity in the following manner:

i) The Saar shall be represented in Parliament by12 deputies and 4 senators.

In both Chambers, representatives of the people

of the Saar shall have the same rights and duties asthe other members.

ii) The Statute of the European Community shallbecome effective in the Saar as soon as it has beenapproved by the Saar Parliament.

DOCUMENT 11.

FORl\fAL HANDING- OVER

OF THE DRAFT TREATYTO THE MINISTERS FOR FOREIGN

AFFAIRS OF THE SIX OOUNTRIES

SPEECH

BY M. PAUL-HENRI SPAAK

President of the ad hoc Assembly

MADE WHEN HANDING OVER THE DRAFT STATUTE OFTHE EUROPEAN POLITICAL COMMUNITY TO THE SIX

MINISTERS FOR FOREIGN AFFAIRS ON

Monday, 9 March 1953

Mr. President, Your Excellencies, Lady and Gentlemen

It is obviously impracticable in the federal govern-ment of these states, to secure all rights of independentsovereignty to each, and yet provide for the interestand safety of all; individuals entering into society,must give up a share of liberty to preserve the rest.The magnitude of the sacrifice must depend as wellon situation and circumstance, as on the object to beobtained. It is at all times difficult to draw with pre-cision the line between those rights which must besurrendered, and those which may be reserved; andon the present occasion this difficulty was increasedby a difference among the several states as to theirsituation, extent, habits and particular interests.

In all our deliberations on this subject we keptsteadily in our view, that which appears to us the

greatest interest of every true American, the consoli-

dation of our Union, in which is involved our prosperity,, felicity, safety, perhaps our national existence. Thisimportant consideration , seriously and deeply impressedon our minds , led each state in the Convention to be

147

less rigid on points of inferior magnitude, than mighthave been otherwise expected; and thus the Constitu~tion, which we now present, is the result of a spiritof amity, and of that mutual deference and concessionwhich the peculiarity of our political situation renderedindispensible.

That it will meet the full and entire approbationof every state is not perhaps to be expected; but eachwill doubtless consider, that had her interest beenalone consulted, the consequences might have been

particularly disagreeable or injurious tq others; thatit is liable to as few exceptions as could reasonablyhave been expected, we hope and believe; that it maypromote the lasting welfare of that country so dearto us all, and secure her freedom and happiness, is ourmost ardent wish.

How I could wish, Gentlemen, that these simplebut apposite words had issued from my pen for theyare a perfect reflection of what I wish to say to you.

. Unfortunately, they are not mine.

They constitute an essential passage, reproducedalmost word for word from the letter dated 17 Sep-tember 1787 , in which George WASHINGTON, Presidentof the Federal Convention transmitted the draftConstitutibn of the United States of America to thePresident of Congress.

we, but they dared and they succeeded. Why shouldnot our fate be the same as theirs1

If we show the same boldness and the same couragethere is no sound reason why we should not hope forthe same success.

Ours and ours alone is the task; we and we alonehave the responsibility of giving back to the old Europeher strength , her greatness and her glory.

It is not out of place to read this historic documentat to-day s ceremony. It contains much that is worthyof thought and it is a message of comfort and hope.

You will certainly have been struck by its topicalcharacter. Other men, more than a century and a halfago, had difficulties similar to ours; they were facedwith problems hardly different from those whichconfront us to-day; they had the same anxieties as

Mr. President, Your Excellencies

On 10 September last, the Ministers for ForeignAffairs of the Federal Republic of Germany, of Bel-gium, France, Italy, Luxembourg and the Netherlands,meeting in Luxembourg, decided to embark on thepolitical stage in the building of a united Europe. Ontheir behalf, Chancellor ADENAUER, on 13 September1952, asked us in this House to draw up a plan fora European Political Authority and gave us a periodof six months in which to accomplish our task.

We accepted the responsibility, although fullyaware of the difficulties which we should encounter.To-morrow the six months will come to an end. Andthis evening, Mr. President and Your ExcellenciesI shall hand you, on behalf of the Assembly, the draftpolitical Statute of the European Community.

We have succeeded in fulfilling our mission thanksto the goodwill, the skill and sense of discipline of thosewhom you see in this House to-day. But it is only justthat I should pay a special tribute to a few men whofor weeks past have devoted their time, night and day,to the great work which inspires them and in whichthey all believe.

I congratulate and I thank might I perhaps

venture to cite their names in the general orders of the

148149

army of good Europeans - Y. VON BRENTANO , Chair-man of the Constitutional Comn;J.ittee , and the Chairmanand Rapporteurs of its Sub-Committees; MM. BLAISSEand BENVENUTI of the Sub-Committee on Powers andCompetence MM. TEITGEN, DEROUSSE and AZARAof the Sub-Committee on Political InstitutionsMM. PERSICO and VON MERKATZ, of the Sub-Committeeon Judicial Institutions, MM. VAN DER GOES VANNATERS , SEMLER and WIGNY, on the question of linksto be established by the Community and its associationwith the other free nations. To these congratulationswhich are so well deserved, I should like to add thosewhich I address to all their colleagues in the Consti-tutional Committee and to their indefatigable colla-borators in the Secretariat.

Gentlemen, the document which we now submitto you is the work neither of the maximalists nor of

the minimalists in this Assembly; the Europe which

we are proposing to create is neither federal nor con-federal.

The Statute which we have drawn up respects thepowers and competence which the governments of

our countries have hitherto kept under their owncontrol in order to continue to exercise them separately.It does not entail any fresh transfers of sovereignty.

WhHe it thus bears witness to a considered desireto achieve union in diversity and in freedom, to respectthe lessons of experience, to safeguard and guaranteethe conditions essential for achieving the great changesnow impending, the draft Statute gives a positive

answer to the demands made by European develop..

ment and aims at consolidating the results alreadyobtained.

In our common work we have forgotten ourpersonal preferences and foregone our academic diffe-rences.

Up till now the building of Europe has been apiecemeal affair. We have the Schuman Plan, which

has now been in operation for seven months. have the European Army, the creation of which hasnow been submitted for approval to the Parliamentsof om countries. These were stages towards a unitedEurope the political structure of which was still unde-fined.

We venture to believe that we have prepared forthe creation of a community which, while it draws itsinspiration from certain rules found valuable by others,also embodies new and original ideas specially adaptedto the particular situations which have confrontedus. Between the two extremes, represented on the

one hand by a purely inter-governmental system,linking States which retain their entire sovereignty

and on the other by a Constitution which would imme-diately pool most of the activities of our States, ourAssembly has chosen a middle path that of setting

up a Political Community of a supra-national character.

The Statute worked out by our Assembly fills the

gap. It proposes to set up European political insti..

tutions which will have the task of coping with those

problems which our Governments and Parliaments

have decided to settle in common and those which theymay later successively decide to include in the common

task. The Statute applies to the limited sphere of theEuropean Community the accepted constitutionalprinciples of our countries. It is the first attempt toassociate the peoples themselves in the building ofthat Europe on which their whole future depends byintroducing universal direct suffrage for elections to

the Peoples ' Chamber of a European Parliament.

151150

All Member S"bates of the Council of Europe willbe free to join this political organization. The draftStatute allows for and encourages the forging of theclosest possible links with these countries and inparticular with the United Kingdom.

The draft Statute places the European Army underthe political authority of a European civil authoritywhich is the direct expression of the wishes of thepeoples' representatives. It also places this Armyunder the democratic control of a Parliament electedby universal direct suffrage.

With a view to establishing the requisite condi-tions under which our countries can increase theirproduction and raise their standard of li"\Ting to a levelin keeping with modern technical progress, the draftStatute institutes a procedure for the progressiveestablishment of a vast internal market as large asthat of the United States market thesuccessive stages of whose realization will be sub~ject to the agreement of all the countries. Finally, itgivef:l general application to one of the cardinal inno-vations in the Schuman Plan: I refer to the creationof a European Readaptation Fund which will assistenterprises and workers to prepare themsel"\Tes for theexpansion of the common market.

final form, so that they could then do no more thanapprove them en bloc or reject them. Through ourAssembly, however, our respective Parliaments havefor the first time been able to take part in the actualdrafting of the plan. The experiment has been success-ful, certainly as regards the time-limit, and also , webelieve, as regards the substance. We therefore thinkthat, when the Governments proceed to give final formto the texts before us, they will not go back to thetraditional methods but will remain faithful to theinitiative they have taken and will take advantage ofthe infinitely valuable collaboration of some of themen who in these last few weeks ha"\Te shown the fullextent of their devotion, their skill and their know-ledge.

Mr. President, Your Excellencies,

The work of our Assembly thus combines mod-eration with progress. It also provides connrmationthat the new method chosen by the Governments ofour countries for the framing of this political statutewas a wise one.

I will not dissemble the emotion which I feel atthis time as I place in your hands the work accom-plished by this Assembly.

Six months ago, when the Assembly began itslabours, there were many, I feel sure, who were scep-tical, and many who thought that the test it wascalled upon to undergo was too severe.

Many, I am sure, foresaw that there would setbacks, so numerous were the obstacles of a senti-mental, political, legal and technical nature.

Not ten years ago, the countries represented herewere making war on one another. Our peoples werelocked in a ghastly struggle. We had but one thoughtand but a single aim to destroy one another as

completely as possible.

In the immensity of our misfortunes, in the ruinswhich we ha"\Te piled up around us, in our weakness

The Parliaments of our countries have frequentlyhad cause, on the occasion of other initiatives takenby our Governments, to regret that they were givencognizance of them only when they were in their

152153

and our poverty, in the threats which constantlyhaunt us and in the midst of our everpresent anxietieswe suddenly gained an understanding of the mortalperil in which our quarrels and our contentions placed ourcommon way of life, our thousand-year-o1d heritagewhich each of us has helped to enlarge and adorn.

We have come to our senses, we have pulled our-selves together; and while forgetting nothing forthat would be sinful - we have resolved to set forthon the great adventure which must, if it succeeds as succeed it will- enable us to save all that is dearestand finest in our common inheritance.

Therefore this draft Treaty is not only a movingmessage of reconciliation; it testifies to our confidencein the future.

It is more than a mere document drawn up by

politicians and lawyers; it is the positive effort ofmen who are resolved to preserve inestimable trea-sures and a heritage of ideas which we cherish all themore because of the aggression to which they areexposed.

Your Excellencies,

In this work of creating Europe it was you who,in Luxembourg on 10 September last, bravely tookthe first decision. We for our part accepted the diffi-

cult task entrusted to us and we have brought it toa successful conclusion. Today a new stage is passed.Let us not arrest our forward march, let us not relaxour efforts. We must, without losing time, pursue ourcommon task.

SPEECH

MADE ON MONDAY, 9 MARCH 1953 TO THE

AD HOC ASSEMBLY BY M. GEORGES BIDAuLT

Pre8ident of the Special Council of Mini8ters of the E. C. S.

This I ask of you in deep sincerity and confidence.

Mr. President, YO1lr Excellencies, Lady and Gentlemen

As a result of the normal rotation of functions inthe Council of Ministers of the European 00a1 and

Steel Community, I have to-day the privilege and thevery great honour of presiding over this Meeting.

On 10 September 1952, in Luxembourg, as youMr. President, have just recalled, the six :Ministers forForeign Affairs of the Federal Republic of Germany,ofBeJgium, France, Italy, Luxembourg and the Nether-lands invited the Members of the Assembly of the Euro-pean Coal and Steel Community to join with the repre-sentatives of the 00nsu1tative Assembly of the Councilof Europe and engage in a common endeavour to workout, by 10 March 1953, a draft treaty setting up aEuropean Political Community.

Beating the clock by twenty-four hours , in responseto a request by my Government, you are to..:day duly

keeping your appointment.

Because of the novelty of the subject, a vast

amount of work had to be done in order to completethe task successfully in time for this meeting. The

men who worked out the conclusions which you are

now submitting for the consideration of the Govern-

ments have constantly kept before them, with a per-

155

severance born of faith, the nobility of an ideal and thewisdom of a purpose.

The Committee, which has in such ou~standingfashion prepared the way for your task, met ill severalcountries, seeking its inspiration in the noblest citiesof' Europe. History, and the caution which it teaches,and the future in whose mirror fear and hope are bothdarkly reflected, have constantly guided its labours.On behalf of the Governments, I would express to thecraftsmen who have produced this great work and all of you, Gentlemen, our thanks and our deep appre-ciation of your magnificent effort.

Remembering that I myself have sat on thesebenches, having by no means forgotten what I havehad occasion to say in this House, and not havingpersonally changed my views when changing my seatI am happy to pay to you, in admiration not unmixedwith envy, the tribute addressed by the first Elizabethof England to the founders of an Empire, nSalute toadventurers!" .

One of the questions confronting us all is that ofknow

~g

whether the Europe we are going to build,and which we an agree is a necessity, is a mere dreama wraith, the improvisation of a speaker, or whether it

, on the contrary, a vitally essential creation. Whenthe name of' Europe was once again uttered amid theravages of war, those who refused to fetter the futureto the unhappy past were universally acclaimed; allthe countries vied with one another as to which wouldbe the most European, the most determined to healthe scars of history and rebuild the brotherhood ofman across the frontiers.

We are now nearing the hour of decision. Honestydemands the admission that the undertaking is vast

and beset with difficulties. Misunderstandings arise to

bar the road. Men whose irreproachable attachment toancient traditions inevitably designs them to be the spokes-men of the earth and of the dead feel misgivings aboutan undertaking which they fear may finally lead tothe disappearance of their homelands. And yet oursole aim is to reconcile, to unite and to enlarge thoselands. It is they which are sacred and holy, not the

frontier barriers and Customs posts. Nor did thevoice of our ancestors ever preach the gospel of hatred.

We have undertaken to make a Europe. We couldhave wished it to be bounded by the frontiers of geo-

graphy. Here in Strasbourg we have accepted a Europebounded by the frontiers of freedom. At this momentthough we do not feel that these boundaries can endurewe are making a beginning at the frontiers of free will.

Far be it from us to wish to build this Europefor herself alone. Europe is not a thing apart; Europeexists to serve the world. On the banks of the Rhinebelow the spire of the Strasbourg Minster, an age-oldtradition proves to us that our present endeavour isthe prolongation and expansion of the experience of

centuries.

There is an inevitable division of labour betweenmen with bold and independent minds and Govern-ments whose honour and impediment it is to carrythe responsibility; and in this you have doubtless thebetter part, which shall in no wise be taken fromyou. It now falls to the Governments of our six coun-tries to take over and carryon the task which youhave begun. The separation of functions and respect

. for the institutions which govern our peoples makethis our solemn duty.

In the coming months we must, in Bonn, in Brus-sels, in Paris, in Rome, in Luxembourg and at TheHague, each and all of us, study the document we

:1~6 157

have just received. We shall devote ourselves to thisstudy, you may be sure, firmly resolved to keep faithwith the ideal which has inspired you, and equallyconcerned to gain a full realization of the difficultiesor objections which might be encountered in each ofour countries by one or other of the suggestions youhave made, suggestions which , if we were fQolish enoughto underestimate their importance , would lay us opento the serious, the intolerable danger of having tarriedby the way.

It will then be the duty of the Governments totabulate the observations and conclusions which theyhave had to adopt. That will be the purpose of the

conference envisaged in Article 38 of the Paris Treatywhich, working on that basis, will be able to completethe draft Treaty that will serve as the Charter of theEuropean Political Community.

You expressed the wish, Mr. President, that inthese two stages, first in each of our own countriesand later at the inter-governmental conference, oursix Governments should not fail to call once againon the assistance of those eminent men who in thepast six months have guided and inspired your labours.You need have no doubt that we shall at all timescall upon their experience and their devotion whichwe so highly esteem. Our responsibilities, which areconvergent, must go hand in hand but must not bemerged. The Council of Six Ministers has consequentlyfelt that it should be left to governmental circles duringthese two phases to determine how the Treaty shouldbe drawn up.

When it has been signed by our six Governmentsthis text will finally be submitted for ratification tooUt different Parliaments. In the Committees , and onthe floor of the Assemblies of which you here are the

chosen representatives , each of you, I am sure, willbring all his faith, his abilities, his authority and hisinfluence to bear, so that our common labours maysecure the fullest approval of our national representa-tive bodies.

Let us beware of thinking, if I may say so , thatall things are possible to hearts that are sincere. But letus also be ready to fling wide the gates of hope. Maythe day soon come when each of us will be free tosay: "Germany, Belgium, Holland, Italy, Luxembomg,or France is my motherland, but Emope is my destiny(Loud applause.

158

STATEMENT

MADE BY LORD JOHN HOPE , UNITED KINGDOM DELEGATE

TO THE CONSULTATIVE ASSEMBLY, OBSERVER AT THE

AD HOC ASSEMBLY

on Tuesday, 10 March 1953

:Mr. President, whatever may lie ahead, of onething there is no doubt. This is a historic day forEurope, and as the great constitutional experimententers upon a crucial phase I feel that it is an honour

for me to be addressing these words to this Assembly.

It is also a privilege to know, as my friends Mr. ROBENS

for the Labour Party and Lord LAYTON for the LiberalParty have told me, that the substance of my speechrepresents their views also. They unfortunately hadto leave to catch an early train.

It has been, Sir, a fascinating and exhilaratingexperience to watch the development of this Treatyover the last five months. It is a brilliant documentadmirably clear, and I want at once to pay my tributeto the tireless and devoted work of Herr VON BRENT.A:NO

and his undaunted team. Five months! It is a remar-

kably short time.

Yesterday evening, Mr. President, you quoted tothe Assembly the words written by George WASHINGTON

as he transmitted the Draft Constitution of the UnitedStares of America to Congress in 1787. I could not helpreflecting as you spoke that it had taken the Ameri-cans of those early days eleven years to produce theirConstitution. It is true that they were nearly all En-glishmen. And who knows~ perhaps it is because the

161

English have not been engaged upon this particulartask that it has been completed so quickly. If the Assem-bly will forgive me and allow me to enjoy this littlejoke rather more than one should, they will understandwhen I say that I myself am a Scotsman.

Now as to the Treaty itself. I need not remind theAssembly of Great Britain s position or of the reasons

for it. We shall work as closely as we possibly can withthe new Community. That it should be both stable andeffective is our hope and our wish. Obviously we havebeen concerned mostly with those parts of the Treatywhich deal with association and with the question oflinks with the Council of Europe.

With regard to the latter, the links with the Councilof Europe, the spirit of the Protocol will surely givegreat satisfaction to the Council , embodying as it doesthe vital factor of the closest liaison between the fifteennations. With regard to association, we are gratefulindeed to the Committee for the helpful and construc-tive way in which they met our point of view. We arehappy that the door to association has been left wide open as possible. That cannot fail to be for thebenefit of all, both of the Community and of the asso-ciated States.

Now I must say this. It would not be as beggarsthat we would ask for the rights of association. Not at all.We would come as those who have already undertakenthe most solemn obligations. This we have done by oursignature of the E. D. C. Treaty, and these obligations

the Assembly will remember, would, of course remainwhen that Treaty had been absorbed by the Community.

I can foresee endless possibilities with regard association, and he would be a bold man who couldpredict limits to it. Our relations with the Coal andSteel Pool are only one example of a technical kind.

They will grow. The Assembly will, I am sure, beinterested to know that the British Government hasjust written a most important clause into the Ironand Steel Bill now before Parliament. This clause

- which, incidentally, originated with my friend

Mr. ROBENS will make possible the continuanceand the development of the closest co-operation betweenthe British iron and steel industry in its altered form

and the High Authority. So much for comment onthe detaH of the draft Treaty.

As I have said, we are ready and eager to workwith Europe, whatever cons ~itution she may choose.

It is for Europe to decide. But, Mr. President , whatever

the decision may be, one fact, I suggest, remainsfundamental and unchanging. The peace of Europe,and therefore of the world, must rest upon the broadfoundation of Atlantic unity. There can be no guaranteeof peace which is not backed to the limit by the powerand the participation of the United States of America.

For any of us to feel that united Europe could orshould become a "third force , a neutral in the strugglefor life upon which civilization is now engaged, would

be as tragic as it would be for our American friendsto believe' that united Europe could be strong enough

to allow them to cut adrift from it. Either course

would certainly enjoy the enthusiastic support of theKremlin, and I pray that neither will ever be followed.

Mr. President, one more word. Great Britain will

never turn her back upon Europe. That is our deter-mination, fixed and irrevocable. Our record in thepast and the graves of our fallen should alone dispel

any doubts. And if the past is not enough, then whatof the presenM Sir, we are pledged by Treaty five

times over to defend France. Even now our troops

163162

with their armour stand in strength upon the soil ofEurope.

Gentlemen, it is not a question of whether shall be with you if danger strikes. We are with you now.

DOCUMENT 12.

RESOLUTION

concerning the preparation of the Treaty embodyingthe Statute of the European Community

adopted by the ad hoc .Assembly

10 Maroh, 1953

THE ASSEMBLY

WHEREAS the six Ministers for Foreign Affairs

of the Member States of the European Coal and SteelCommunity, in their Resolution adopted in Luxembourgon 10 September, 1952 expressed the desire toexpedite the drafting of the treaty setting up a EuropeanPolitical Community and to invest it at the same

time with the greatest possible authority;WHEREAS the Governments, when the draft treaty

has been transmitted to them, will assume the principalresponsibility for this draft until such time as it shallcome before the Parliaments;

WHEREAS the Assembly itself has hitherto, in

exercising its functions, assumed far-reaching politicalresponsibilities;

DESIRING that the Governments should fulfil theirtask in collaboration with the Assembly,

DECIDES:

a) to instruct the Constitutional Committee, inliaison with the Bureau, to keep in close touch withgovernmental action on the draft Treaty embodying

the Statute of the European Community, and to takethe necessary steps to enable the Governments, where

165

necessary, to benefit by the experience gained by theAssembly in working out the draft Treaty,

b) to instruct the Constitutional Committee to

report to the Assembly at the appropriate time.

DOCUMENT 13.

MEMBERSHIP OF THE AD HOO ASSEMBLY

I. - MEMBERS OF THE COMMON ASSEMBLY OF THEE. C. S. c.

MM. AZARA Antonio (Italy), Senator (Christian Demo-

cratic Party).

BENVENUTI Lodovico (Italy), Deputy (ChristianDemocratic Party).

BERTRAM Helmuth (Federal Republic of Germany),Deputy (Federalist Union).

BERTRAND Alfred (Belgium), Member of theChamber of Deputies (Christian SocialistParty).

BmKELBACH Willi (Federal Republic of Germany),Deputy (Social Democratic Party).

BLAISSE P. A. (Netherlands), Member of theLower House (Christian Popular Party).

BLANK Martin (Federal Republic of Germany),Deputy (Liberal Democratic Party).

BOGGIANO-PrcO Antonio (Italy), Senator (Chris-

tian Democratic Party).

BRAUN Heinz (France, Representative of thepeople of the Saar), Member of the Landtag(Social Democratic Party).

VON BRENTANO Heinrich (Federal Republic of

Germany), Deputy (Christian DemocraticUnion).

BRUINS SLOT J. A. H. J. S. (Netherlands), Mem-

ber of the Lower House (Anti-revolutionaryParty).

167

MM. BUSET Max (Belgium), Member of the Chamberof Deputies (Belgian Socialist Party).

CAMPILLI Pietro (Italy), Deputy (Christian De-mocratic Party).

CARCASSONNE Roger (France), Senator (SocialistParty S. F. 1. 0.

CASATI Alessandro (Italy), Senator (Liberal Party).

CINGOLANI Mario (Italy), Senator (Christian De-mocratic Party).

DEBRE Michel (France), Senator (Rally of theFrench People).

DEROUSSE Fernand (Belgium), Senator (Belgian

Socialist Party). DELBOS Yvon (France), Deputy (Radical Social-

ist Party).

DE SMET Pierre (Belgium), Senator (ChristianSocialist Party).

DE VITA Francesco (Italy), Deputy (RepublicanParty).

DOMINEDO Francesco Maria (Italy), Deputy(Christian Democratic Party).

FAURE Maurice (France), Deputy (Radical So-cialist Party).

FOHRMANN Jean (Luxembourg), Deputy (Social-

ist Party).

GERSTENMAIER Eugen (Federal Republic of Ger-

many), Deputy (Christian Democratic Union).

GIOVANNINI Alberto (Italy), Deputy (LiberalParty).

HENLE GUnter (Federal Republic of Germany),Deputy (Christian Democratic Union).

MM. HENSSLER Fritz (Federal Republic of Germany),Deputy (Social Democratic Party).

IMIG Heinrich (Federal Republic of Germany),

Deputy (Social Democratic Party).

JACQUET Marc (France), Deputy (Rally of theFrench People).

JAQUET Gerard (France), Deputy (Socialist PartyS. F. I. 0.

KAPTEIJN P. J. (Netherlands), Member of theUpper House (Labour Party).

MIle KLOMPE M. A. M. (Netherlands), Member of theLower House (Christian Popular Party).

MM. KOPF Hermann (Federal Republic of Germany),Deputy (Christian Democratic Union).

KORTHALS H. A. (Netherlands), Member of theLower House (Liberal Party).

KREYSSIG Gerhard (Federal Republic of Germany),Deputy (Social Democratic Party).

LAFFARGUE Georges (France), Senator (RadicalSocialist Party).

LEFEVRE Theodore (Belgium), Member of theChamber of Deputies (Christian SocialistParty).

LEMAIRE Maurice (France), Deputy (Rally of theFrench People).

LOESCR Femand (Luxembourg), Deputy (Chris-tian Socialist Party).

:!.\URGUE Nicolas (Luxembourg), Deputy (ChristianSocialist Party).

MAROGER Jean (France), Senator (IndependentRepublican Party).

168 169

MM. DE MENTHO1ijFran90is (France), Deputy (M.

VON MERKATZ Hans Joachim (Federal Republic

of Germany), Deputy (German Party).

MOLLET Guy (France), Deputy (Socialist PartyS. F. 1. 0.

MONTINI Lodovico (Italy), Deputy (Christian

Democratic Party).

MOTT Angelo Giacomo (Italy), Senator (ChristianDemocratic Party).

MOTZ Roger (Belgium), Senator (Liberal Party).

MULLER Erwin (France, Representative of the

people of the Saar) (Christian Popular Party).

MUTTER Andre (France), Deputy (Peasant Union).

NEDERHORST G. M. (Netherlands), Member of theLower House (Labour Party)'-

OLLENHAUER Erich (Federal Republic of Ger-many), Deputy (Social Democratic Party).

PARRI Ferruccio (Italy), Senator (RepublicanParty).

PELSTER Georg (Federal Republic of Germany),Deputy (Christian Democratic Union).

PERSICO Giovanni (Italy), Senator (Socialist

Party).POHER Alain (France), Senator (M.

PREUSKER Victor- Emanuel (Federal Republicof Germany), Deputy (Liberal DemocraticPal'ty).

PUENDER Hermann (Federal Republic of Ger-

many), Deputy (Christian Democratic Union).

REYNAUD Paul (France), Deputy (IndependentRepublican Party).

MM. RIP W. (Netherlands), Member of the UpperHouse (Anti-revolutionary Party).

SABATINI Armando (Italy), Deputy (ChristianDemocratic Party).

SACCO Italo Mario (Italy), Senator (ChristianDemocratic Party).

SA.SSEN E. M. J. A. (Netherlands), Member of theUpper House (Christian Popular Party).

SCHAUS Eugene (Luxembourg), Deputy (LiberalParty).

SCHOENE Joachim (Federal Republic of Germany),Deputy (Social Democratic Party).

SINGER Franz (France, Representative of the

people of the Saar) (Christian Popular Party).

SPAAK Paul-Henri (Belgium), Member of theChamber of Deputies (Belgian Socialist Party).

STRAUSS Franz Josef (Federal Republic of Ger-

many), Deputy (Christian Socialist Union).

STRUYE Paul (Belgium), Senator (Christian Socia-list Party).

TEITGEN Pierre-Henri (France), Deputy (M. R. P.

TOGNI Giuseppe (Italy), Deputy (Christian Demo-cratic Party).

VAN DER GOES VAN NATERS M. (Netherlands),Member of the Lower House (Labour Party).

VERMEYLEN Pierre Fran90is (Belgium), Senator(Belgian Socialist Party).

VIXSEBOXSE G. (Netherlands), Member of theUpper House (Christian Historical Union).

WEHNER Herbert (Federal Republic of Germany),Deputy (Social Democratic Party).

170 171

MM. WIGNY P. L. J. J. (Belgium), Member of theChamber of Deputies (Christian SocialistParty).

ZAGARI Mario (Italy), Deputy (Socialist Party).

ZIINO Vinicio (Italy), Senator (Christian Demo-cratic Party).

3. - BUREAU OF THE AD HOC ASSEMBLY

President:M. SPAAK, Paul-Henri.

Vice-Presidents:MM. PUENDER Hermann.

TEITG EN Pierre-Henri.VIXSEBOXSE G.CASATI Alessandro.FOHRMANN Jean.

4. OBSERVERS

MM. BOLAND Gerald (Ireland), M. P. (Fianna Fail).ELMGREN Bengt (Sweden), Member of the Riksdag

(Social Democratic Party).ERGIN Feridun (Turkey), M. P. (Democratic

Party).ERKMEN Hayrettin (Turkey), M. P. (Democratic

Party).Lord John HOPE (United Kingdom), M. P.

(Conservative Party).JAKOBSEN Frode (Denmark), Member of the

Riksdag (Socialist Party).

Lord LAYTON (United Kingdom), Liberal Party.MERCOURIS Stamatios (Greece), M. P. (Liberal

Party).ROBENS Alfred (United Kingdom), M. P. (Labour

Party).

ST:EFANOPOULOS Stefanos (Greece), M. P. (GreekNational Rally).

STROM Arne (Norway), Member of the Storting(Labour Party).

Miss THORST:EINDOTTIR Rannveig (Iceland), M. P.(Progressist Party).

MM. WISTRAND Karl (Sweden), Member of the Riks-dag (Conservative Party).

KOIINSTAMM M. , Secretary of the High Authorityof the E. C. S. C.

PARIS J. , Secretary-General of the Council ofEurope.

CALMES Christian, Secretary of the Special Councilof Ministers of the E. C. S. C.

2. CO-OPTED MEMBERS

MM. BEOKER Max (Federal Republic of Germany),Deputy (Free Democratic Party).

BERGMANN Giulio (Italy), Senator (RepublicanParty).

BOVETTI Giovanni (Italy), Deputy (ChristianDemocratic Party).

PLAISANT Marcel (France), Senator (Rally of theRepublican Left).

SANTERO Natale (Italy), Senator (Christian Demo-cratic Party).

SEMLER Johannes (Federal Republic of Germany),Deputy (Christian Democratic Union).

SENGHOR Leopold Sedar (France), Deputy (Over-sea Independents' Party).

SJLVANDRE Jean (France), Deputy (SocialistParty S. F. T. 0.

172 173

DOCUMENT 14. MM. GOES VAN NATERS Jonkheer M. VANDER (Nether-lands). Socjalist Party.

KOPF Hermann (German Federal Republic).C. D. U. (Chrhltian Democratic Union).

LEFEVRE Theodore J. A. M. (Belgium). ChristianSocialist Party.

MARGUE Nicolas (Luxembourg). Christian Socia-list Party.

VON MERKATZ Hans Joachim (German FederalRepublic). Free German Party.

MOLLET Guy (France). Socialist Party.MONTINI Lodovico (Italy). Christian Democratic

Party.MUTTER .Andre (France). Peasant Union.

PELSTER Georg (German Federal Republic). C. D. U.(Christian Democrat Union).

PERSICO Giovanni (Italy), Socialist Party.SANTERO Natale (Italy). Christian Democratic

Party.SCHAUS Eugene (Luxembourg). Liberal Party.SEMLER Johannes (German Federal Republic).

C. D. U. (Christian Democratic Union).

TEITGEN Pierre-Henri (France). M. R. P.WIGNY P. L. J. J. (Belgium). Christjan Socialist

Party.

LIST OF MEMBERS OF THE CONSTITUTIONAL

COMMITTEE, THE SUB-COMMITTEES, THE

WORKING PARTY AND TIlE INFORMATION ANDPROPAGANDA COMMITTEE

CONSTITUTIONAL COMMITTEE

MM. VON BRENTANO Heinrich,. Chairman (German

Federal Republic). C. D. U. (Christian Demo-cratic Union).

BENVENUTI Lodovico, Vice-Chairman (Italy).

Christian Democratic Party.

BRUINS SLOT J. A. H. J. S., Vice-Chairman

(Netherlands). Anti-revolutionary Party.

AZARA .Antonio (Italy). Christian DemocraticParty.

BECKER :Max (German Federal Republic). Liberal

Democratic Party.

BERGMANN Giulio (ItaJy). Republican Party.

BLAISSE P. A. (Netherlands). Christian PopularParty.

BRAUN Hemz (France, Representative of thepeople of the Saar). Social Democratjc Party.

DEBRE Michel (France), Rally of the FrenchPeople (R. P. F.

DEHOUSSE Fernand (Belgium), Belgian SocialistParty.

DEL:BOS Yvon (France), Radical Socialist Party.

THE SUB-COMMITTEES

1. Sub-Committee on Powers and Competence

M. BLAISSE P. A. Chairman (Netherlands). ChristianPopular Party.

174 175

MM. BENVENUTI Lodovico, Rapporteur (Italy). Chris-

tian Democratic Party.

BECKER Max (German Federal Republic). Liberal

Democratic Party.

BERGMANN Giulio (Italy). Republican Party.

DEBRE Michel (France). Rally of the FrenchPeople (R. P. F.

DEROUSSE Fernand (Belgium). Belgian SocialistParty.

DELBOS Yvon (France). Radical Socialist Party.

KOPF Hermann (German Federal Republio).C. D. U. (Christian Democratic Union).

MARGUE Nicolas (Luxembourg). Christian SocialistParty.

SANTERO Natale (Italy). Christian DemocraticParty.

WIGNY P. L. J. J. (Belgium). Christian SocialistParty.

MM. MONTINI Lodo' vico (Italy). Christian DemooraticParty.

PELSTER Georg (German Federal Republic). O.(Christian Democratio Union).

SCHAUS Eugene (Luxembourg). Liberal Party.

VAN DER GOES VAN NATERS M. (Netherlands).Socialist Party.

3. Sub-Oommittee on Jurisdictional Institutions

MM. PERSICO Giovanni Ohairman (Italy). Socialist

Party.

2. Sub-Oommittee on Political Institutions

MM. TEITGEN Pierre-Henri Okairman (France). M.

AZARA Antonio Rapporteur (Italy). Christian

Democratic Party.

DEROUSSE Fernand Rapporteur (Belgium). Be1-

gjan Socialist Party.

BRAUN Heinz (France, Representative of thepeople of the Saar). Socia) Demooratic Party.

LEFEVRE Theodore J. A. M. (Belgium), Chrisitian

Socialist Party.

VON MERKATZ Hans Joachim (German FederalRepublio). Free German Party.

VON MERKATZ Hans Joachim RapptJrteur (Ger-man Federal Republic). Free German Party.

AZARA Antonio (Italy). Christian DemooraticParty.

DEBRE Michel (France). Rally of the FrenchPeople (R. P. F.

LEFEVRE Theodore J. A. M. (Belgium). ChristianSocialist Party.

SCHAUS Eugene (Luxembourg). Liberal Party.

TEITGEN Pierre-Henri (France). M. R. P.

4. Sub..Oommittee on Liaison

MM. GOES VAN NATERS, M. VAN DER, Okairman(Netherlands). Socialist Party.

SEMLER Johannes Rapporteur (German FederalRepublic). C. D. U. (Christian DemocraticUnion).

WIGNY Pierre Louis J. J. Rapporteur (Belgium).Christian Socialist Party.

KOPF Hermann (German Federal Republic).O. D. U. (Ohristian Democratic Union).

176 177

MM. MARGUE Nicolas (Luxembourg). Christian SocialistParty.

MOLLET Guy (France). Socialist Party.

MONTINI Lodovico (Italy). Christian DemocraticParty.

MUTTER Andre (France). Peasant Union.

SANTERO Na,tale (Italy). Christian DemocraticParty.

MM. TEITGEN Pierre-Henri (France). M. R. P.

VAN DER GOES VAN NATERS M. (Netherlands).Socialist Party..

WIGNY P. L. J. J. (Belgium). Christian SocialistParty.

W ORKlNG PARTY

MM. VON BRENTANO Heinrich, Chairman (German

Federal Republic). C. D. U. (Christian Demo-cra,tic Union).

BENVENUTI Lodovico, Vice-Chairman (Italy).Christian Democratic Party.

BRUINS SLOT J. A. H. J. S. Vice-Chairman(Netherlands). Anti-revolutiona,ry Party.

AzARA Antonio (Italy). Christian Democra,tic

Party.BLAISSE P. A. (Netherlands). Christian Popular

Party.DEHOUSSE Fernand (Belgium). Belgia,n Socialist

Party.MARGUE Nicolas (Luxembourg). Christian Socialist

Party.

VaN MERKA.TZ Hans Joachim (Germa,n FederalRepublic). Free German Party.

MUTTER Andre (France). Peasant Union.

PERSICO Giovanni (Italy). Socialist Party.

SEMLER Johannes (Germa,n Federal Republic).C. D. U. (Christia,n Democratic Union).

INFORMATION AND PROPAGANDA CO:MMITTEE

MM. VON BRENTANO Heinrich Chairman (GermanFederal Republic). Christian DemocraticUnion.

BENVENUTI l..odovico, Vice-Chairman (Italy).Christian Democratic Party.

BRUINS SLOT J. A. H. J. 8., Vice- Chairman(Netherlands). Anti-revolutionary Party.

BRAUN Heinz (France, Representative of thepeople of the Saar). Social Democratic Party.

MUTTER Andre (France). Peasant Union.

SEMLER Johannes (German Federal Republic)

Christian Democratic Union.

178