Wpływ powołania Europejskiej Wspólnoty Węgla i Stali na zakres władzy państwa członkowskiego. Analiza prawno-historyczna

Abstract

The paper deals with one of the most significant issues of international organization, i.e. distribution of power between it and its member-states. The European Coal and Steel Community was set up as the first of the three Communities. Its Treaty and practice became a source of precious experience for drafters of the Rome Treaties. This referred especially to the above-mentioned problem of distribution of power and division of competences. The issue is analyzed in three aspects: duties and tasks imposed by the member-states upon them, powers relinquished by them, and eventually competences conferred upon the Community. The conclusion reads as follows: the first Community wasn’t bestowed with a vast competence over coal and steel sector but with a set of and precisely described powers relating to a number of determined matters within the sector. The largest amount of the lost powers wasn’t transferred to the Community but renounced by the member-states which henceforth weren’t allowed to exercise them independently. Thereby, even in the language of politics of the mid-twentieth century, the Community did not gain and enjoyed any “sovereignty” by the virtue of the Treaty.