67
Second working session — The impact
function of reviewing the legality of the acts of the Community institu-
tions (see, to that effect, Opinion 1/91, paragraphs 41 to 46)…’
‘12 Preservation of the autonomy of the Community legal order
requires therefore, first, that the essential character of the powers of
the Community and its institutions as conceived in the Treaty remain
unaltered (Opinion 1/91, paragraphs 61 to 65, and 1/92, paragraphs 32
and 41).’
‘13 Second, it requires that the procedures for ensuring uniform
interpretation of the rules of the ECAA Agreement and for resolving
disputes will not have the effect of binding the Community and its in-
stitutions, in the exercise of their internal powers, to a particular inter-
pretation of the rules of Community law referred to in that agreement
(Opinions 1/91 and 1/92)’ (
35
).
None of the provisions of the Agreement on the European Common
Aviation Area, however, was found to either affect the Commissions’ powers
in the field of competition law, or to call into question the
‘Court’s exclusive
task of reviewing the legality of acts of the Community institutions, whether
the latter are acting under the Treaty or under another international instru-
ment, conferred on it by inter alia Articles 230 EC and 234 EC’ (
36
). Also re-
garding the ‘mechanisms in the proposed agreement for ensuring the uniform
interpretation of the rules of the ECAA Agreement and the resolution of dis-
putes’ the Court found that they have no binding effect for the Community
and its institutions in a manner to ‘affect the autonomy of the Community
legal order’ (
37
).
A more recent case where the Court defended the autonomy of the EU
legal order against threats resulting from the creation of a new court by inter-
national law was Opinion 1/09: Here, the Court declared the draft agreement
on the European and Community Patents Court to be incompatible with the
Treaties (
38
). The Court reiterated the key sections of Opinion 1/00, summaris-
ing that an international agreement may affect the Court’s own powers
(
35
) ECJ Opinion 1/00
ECAA
[2002] ECR I-3493, paragraphs 11-13.
(
36
) Ibid., paragraphs 23-26.
(
37
) Ibid., paragraphs 27-46.
(
38
) ECJ Opinion 1/09
European and Community Patents Court
, paragraphs 65-89.
