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Extra resources for Leading Cases and Materials on the Law of the European Communities

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III. DIFFICULTIES 12) The defective functioning of the European Community institutions is becom'lng ever more evident over the years. Those inside the institutions and, more especially, those who take part in the decisions of the Council of Ministers agree that the present situation has reached the limit of what is tolerable. The unbelievable accumulation of the number and length of their meetings, the mediocrity of results achieved in proportion to the time spent, show that the mechanisms of preparation and decision at present employed no longer meet the necessities.

A. Nat u r e o f the d i f f i cuI t i e s At first, the Community was a political and diplomatic enterprise, negotiated - and very well too - by the governments of the Member States. But this situation has long ago been overtaken. The Community possesses a territory, it possesses a frontier which is that of its common external tariff, it possesses laws which are its general regulations applied inside the Community, and, consequently, it no longer needs to be negotiated, but to be governed. However, the Council 17 of ministers in particular has not adapted itself to this evolution.

G e n era 1 C h a r act e r 1. Introduction The direct applicability of the legally binding acts of the Community institutions within the legal systems of the Member States - a particularly important aspect of Community law - is dealt with separately in Chapters two and Three. Chapters Two and Three also include an examination of the general aspects of Community law. 2. Cases (1) Customs duties on Lead and Zinc. The Commission of the European Communities v. Italy, Case 38/69 Judgment of 18 February 1970, ECR XVI p.

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