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Court Of Justice of the Benelux Economic Union - Description [2003] PICTRes 6 (31 October 2003)
Court Of Justice of the Benelux Economic Union
The
Benelux Economic Union is the result of several initiatives, started in
1944, to move towards economic cooperation
between Belgium, Luxembourg,
and the Netherlands. The Treaty establishing the Benelux Economic Union
(Benelux Treaty),
which codifies the earlier arrangements, was signed
in 1958.
The main purposes of the Benelux Economic Union are the promotion of the
free movement of goods, persons, services,
and capital, and several projects
of regional cooperation in a wide range of areas, from conservation of
the countryside
to intellectual property. The principal organs of the
Benelux are the Committee of Ministers, the Secretariat General, and
the
Benelux Court of Justice.
The Benelux Treaty also provides for the establishment of a College of
Arbitrators to settle disputes between
the governments. Since the first
nomination of the arbitrators in 1962 however, no new arbitrators have
been appointed
and the disputes between the governments have been resolved
at the level of the political bodies.
The Court achieves a high degree of integration from an institutional
point of view since the judges, members of
the supreme courts of the three
member States appointed to the Court, continue to exercise their functions
at the
national level. The Court has two functions: it promotes uniformity
in the application of rules of law common to Belgium,
Luxembourg, and
the Netherlands by way of preliminary ruling, and it has jurisdiction
in administrative cases.
The preliminary jurisdiction of the Court was copied from the preliminary
proceedings of the European Court of Justice,
but it has a broader scope
since it is not limited to the economic union but also extends to civil
and criminal
matters.
Data obtained from the Project on International Courts and Tribunals (PICT)
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URL: http://www.worldlii.org/int/other/PICTRes/2003/6.html
