In this chapter, we again find the European Community as the international organization with the most fully developed example of a particular function. In terms of its constitutional structure, the Court of Justice of the European Community is a true court of formal adjudication. However, Professor Scheingold demonstrates that the Court’s decisions reflect a generous awareness of the need for political flexibility in the law. One way to achieve this flexibility is to circulate the rough draft of the Court’s opinion among the judges, allowing each to modify the exact language of the opinion according to his perception of the case. This provides the opportunity for decisions by consensus to emerge which may also represent a viable compromise between the viewsof the litigants. The Courtalso has used procedural technicalities to avoid a substantive decision on a case until the issues have been narrowed and clarified through political negotiations in other organs of the system.
KeywordsJudicial Review Special Committee Member Government Primary Rule Negotiate Settlement
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