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The Constitutionalisation of the Treaties by the European Court of Justice.  

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The Constitutionalisation of the Treaties by the European Court of Justice Introduction On it's formation in 1957 the European Economic Community Treaty1 was seemingly another international treaty to which the six original Member States2 had signed. In the realm of international law such treaties are binding merely on the governments of Member States which have signed them. In it's essential provisions, the Treaty made reference only to the Member States who themselves had no reason to believe this Treaty would be any different. However, it was latent from the start that this Treaty had the potential to extend beyond the reach of previous international treaties3. It provided for a unique institutional structure4 from which flowed unprecedented law-making and judicial powers. The focus of this essay will be on one of these institutions, the European Court of Justice (hereinafter referred to as the Court). According to the Treaty the purpose of the Court is to...

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