European Materials
From MMILC
Contents |
Founding Treaties of the EC and the EU
General Rule
| The following are examples of founding treaties of the EC and the EU:
Treaty Establishing the European Coal and Steel Community, opened for signature 18 April 1951, 261 UNTS 140 (entered into force 25 July 1952) (‘Paris Treaty’). Treaty Establishing the European Economic Community, opened for signature 25 March 1957, 298 UNTS 11 (entered into force 1 January 1958) (‘Rome Treaty’). Treaty Establishing the European Atomic Energy Community, opened for signature 25 March 1957, 298 UNTS 140 (entered into force 1 January 1958) (‘Euratom Treaty’). Treaty on European Union, opened for signature 7 February 1992 [1992] OJ C 224, 1 (entered into force 1 November 1993) (‘Maastricht Treaty’). Treaty Establishing the European Community [1992] OJ C 224, 6 (‘EC Treaty’). Treaty of Amsterdam Amending the Treaty on European Union, the Treaties Establishing the European Communities and Related Acts, opened for signature 2 October 1997 [1997] OJ C 340, 173 (entered into force 1 May 1999) (‘Amsterdam Treaty’). Consolidated Versions of the Treaty on European Union and of the Treaty Establishing the European Community [2002] OJ C 325, 1 (entered into force 1 February 2003) (‘Consolidated Treaties’). |
Pinpoint References
- As a result of amendments contained in the Amsterdam Treaty, the Maastricht and EC Treaties have changed significantly.
- Many EU and EC Treaty articles have been either repealed or amended.
- In addition, even where articles have been left unamended, they have often been renumbered.
- The most current text is found in the Consolidated Treaties.
Providing Pinpoint References:
- Indicate whether the reference is to the article as it was originally, or as it currently stands following the amendments.
Referring to a treaty article using the Amended System
| Rule |
The following form should be used: <Treaty Name>, opened for signature <Full date> [Year] OJ C <Vol>, <Starting page> (entered into force <Full date>), art <no> <EC OR EU>. |
Referring to a treaty article as it stood before the Amendment
| Rule |
<Treaty Name>, opened for signature <Full date> [<Year>] OJ C <Vol>, <Starting page> (entered into force <Full date>), art <no> of the <Treaty Name> (now art <no> <EC OR EU>).
<Treaty Name>, opened for signature <Full date> [<Year>] OJ C <Vol>, <Starting page> (entered into force <Full date>), art <no> of the <Treaty Name> (now, after amendment, art <no> <EC OR EU>). REPEALED by the Treaty of Amsterdam: <Treaty Name>, opened for signature <Full date> [<Year>] OJ C <Vol>, <Starting page> (entered into force <Full date>), art <no> of the <Treaty Name> (repealed by the Treaty of Amsterdam).
|
| Examples | Treaty Establishing the European Community [2002] OJ C 325, 33 (‘EC Treaty’), art 81 EC.
Treaty Establishing the European Community [2002] OJ C 325, 33 (‘EC Treaty’), art 85 of the EC Treaty (now art 81 EC). Treaty Establishing the European Community [2002] OJ C 325, 33 (‘EC Treaty’), art 51 of the EC Treaty (now, after amendment, art 42 EC). Treaty Establishing the European Community [2002] OJ C 325, 33 (‘EC Treaty’), art 53 of the EC Treaty (repealed by the Treaty of Amsterdam). |
Special Case: The Replacement of arts 117–120 of the EC Treaty by arts 136–143 EC
| Rule |
Because this amendment has resulted in renumbering that does not parallel the old numbering precisely enough, this should be highlighted |
| Example | Treaty Establishing the European Community [1997] OJ C 340, 173 (‘EC Treaty’), art 119 of the EC Treaty (arts 117–120 of the EC Treaty have been replaced by arts 136–143 EC). |
Location
- The full text of these treaties can be found at http://www.europa.eu.int/eur-lex/en/index.html
- See also Westlaw: EU-TREATIES = treaties concluded by member states.
Legislative Acts of the Council or Commission
General Rule
| Rule | After 1967:
<Issuing Body>, <Full Title> [<Year>] OJ L <no>, <Pinpoint>. If it is a Convention: <Issuing Body>, <Full Title>, opened for signature <Full Date> [<year>] OJ L <no>, <Pinpoint> (entered into force <full date>)(<Abbreviated Convention Name>) [if relevant]. |
| Examples | Council Directive, 983/13/E EC [1993] OJ L 95/29, art 3.
Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, opened for signature 16 September 1988 [year] OJ No L 319/9 (entered into force 1 January 1992) (‘Lugarno Convention’). |
Location
- All legislative acts of the European Community are published in the Official Journal of the European Communities.
- Types of legislation include:
- regulations;
- conventions;
- directives; and and
- decisions.
Before 31 December 1973
- Acts can be found in the Special Edition of the Official Journal of the European Communities (OJ Spec Ed) or the Journal Officiel des Communautés Européennes (JO):
- Hard copy only (1952–72): Law Library KW 6.5 OFFI
After 1 January 1974
- They are found in the Official Journal of the European Communities (OJ):
- OJ Online (1998–present): http://www.europa.eu.int/eur-lex/en/archive/index.html
- OJ CD-ROM for August 2002 only at Law Library: Network 341.2422 OJ CF/CD
- For all other older OJs, go to hard copy (microform): Baillieu MIC/f 5157
- 1978–9 are also held in the Law Library: Law MIC/f KW 67 COMM
- Westlaw: select the Directory link from the top right of the screen, then click on:
- International/Worldwide Materials → European Union → Legislation
Other Publications of the Council and Commission
General Rule
| Rule | After 1967:
<Issuing Body>, <Full Title> [<Year>] OJ C <no>, <Pinpoint>. |
| Example | European Commission, Proposal for a Council Regulation Amending Regulation 1785/81 EEC on the Common Organisation of the Markets in the Sugar Sector [1985] OJ C 219, art 1(12). |
Location
- Information and notices (and debates, periodicals, cases) of the European Community are published in the Official Journal of the European Communities.
Before 31 December 1973
- Information and notices can be found in the Special Edition of the Official Journal of the European Communities (OJ Spec Ed).
- Hard copy only (1952–72): Law Library KW 6.5 OFFI
After 1 January 1974
- They are found in the Official Journal of the European Communities (OJ).
- OJ Online (1998–present): http://www.europa.eu.int/eur-lex/en/archive/index.html
- OJ CD-ROM for August 2002 only at Law Library: Network 341.2422 OJ CF/CD
- For all other older OJs, go to hard copy (microform): Baillieu MIC/f 5157
- 1978–9 are also held in the Law Library: Law MIC/f KW 67 COMM
Court of Justice of the European Communities
| Rule |
<Parties’ Names> (<No>) [<Year>] ECR <Starting page no>, <Pinpoint>.
<Parties’ Names> (C-<no>) [<Year>] ECR <Starting page no>, <Pinpoint>. OR <Parties’ Names> (T-<no>) [<Year>] ECR <Starting page no>, <Pinpoint>.
<Parties’ Names> (C-<no>) [<Year>] ECR I-<no>, I-<Pinpoint>. OR <Parties’ Names> (T-<no>) [<Year>] ECR II-<no>, II-<Pinpoint>. |
| Examples | Marinari v Lloyds Bank (C-364/93) [1995] ECR I-2719.
Deutsche Shell AG v Hauptzollampt Hamburg-Harburg (C-188/91) [1993] ECR I-363, I-377. Dingemans v Bestuur der Sociale Verzekeringsbank (24/64) [1964] ECR 647. Grad v Finanzamt Traunstein (9/70) [1970] 2 ERC 825, 833. |
Location
Before 1989
- Published in Reports of Cases before the Court, abbreviated to 'ECR'.
Law Library:
- Law REP ‘ECR’ vols from 1959–1989
From 1990 Onwards
- Published in Reports of Cases before the Court of Justice and the Court of First Instance, abbreviated to 'ECR'.
Law Library:
- Law REP ‘ECR’ vols 1990–2000
Full Text Judgments
- Published on Westlaw
Select the Directory link from the top right of the screen, then click on:
- International/Worldwide Materials → Court & Tribunal Cases
- See also the homepage: http://curia.eu.int/en/transitpage.htm
European Court of Human Rights
General Rule
| Rule | Judgments before 1996:
<Parties’ Names> (<Year>) <vol> Eur Court HR (ser A) <Starting page>, <Pinpoint>. Judgments after 1996:
<Parties’ Names> (<Year>) <vol in Roman numerals> Eur Court HR <Starting page>, <Pinpoint>.
<Parties’ Names> <(Phase)> (<Year>) <vol> Eur Court HR (ser B) <Starting page>, <Pinpoint>.
|
| Examples | British-American Tobacco Co Ltd v The Netherlands (1995) 331 Eur Court HR (ser A) 6.
Aytekin v Turkey (1998) VII Eur Court HR 2807. |
Unreported Decisions
| Rule | Unreported decisions of the European Court of Human Rights should be cited in the following form:
<Case name>, Application No <no> (Unreported, European Court of Human Rights, <Chamber>, <Full date>). |
| Example | Case of Leyla Sahin v Turkey, Application No 44774/98 (Unreported, European Court of Human Rights, Grand Chamber, 10 November 2005). |
Location
- The homepage of the Court is: http://www.echr.coe.int/ECHR/EN/Header/Case-Law/HUDOC/HUDOC+database
Judgments of the European Court of Human Rights
- Published in two different report series;
- The official reports series is the Eur Court HR, however:
- You will usually find the judgments cited as appearing in the European Human Rights Reports (EHRR);
- Westlaw cites these cases as they appear in the EHRR.
- The reason the AGLC prefers the Eur Court HR is that they print the judgments the year the judgment is made, whereas the EHRR does not report the judgment for up to five years later.
- Therefore:
- It is best to cite the Eur Court HR first;
- Then provide a parallel citation to the EHRR (including different pinpoints for each).
- Keep in mind that recent decisions (ie in the last five years) may not be published in the EHRR yet.
European Court of Human Rights
Before 1996
- Judgments are published in:
- Publications of the European Court of Human Rights. Series A: :Judgments and Decisions
OR
- Publications de la Cour européenne des droits de l'homme. Série A: Arrêts et décisions
Law Library:
- UniM Law REP ‘ECHR Series A’ vols 1–338
After 1996
- Judgments are published in:
- Reports of Judgments and Decisions
OR
- Recueil des arrêts et décisions
Law Library:
- UniM Law REP ‘ECHR’ vols 1–8
- Pleadings, Oral Arguments and Documents are published in:
- Publications of the European Court of Human Rights. Series B: Pleadings, Oral Arguments and Documents
OR
- Publications de la Cour européenne des droits de l'homme: Série B: Mémoires, plaidoiries et documents
Law Library:
- UniM Law REP ‘ECHR Series B’ vols 1–104
NOTE:
- You should check the veracity of quotes, etc, in this series, not the EHRR, because the Eur Court HR is the official series.
EHRR
- Hard copies of the European Human Rights Reports are found in the Law Library at:
- UniMelb Law Rep 341.481 EURO (vol 20 and 21)
- UniMelb Law Rep EHHR (vol 22–32)
- Full text judgments as appear in EHRR are published on Westlaw.
- Select the Directory link from the top right of the screen, then click on:
- International/Worldwide Materials European Union → Cases
European Commission of Human Rights
General Rule
| Rule | The following format should be used:
<Parties’ Names> (<Year>) <vol> Eur Comm HR <Starting page no>, <Pinpoint>.
|
| Example | Yarrow plc v United Kingdom (1983) 30 Eur Comm HR 155, 188. |
Location
Decisions between 1960–74: published in:
- Collection of Decisions
OR
- Recueil de Décisions, abbreviated to Eur Comm HR
Law Library Location:
- KC 200 EURO
Decisions from 1974–98 published in:
- Decisions and Reports, abbreviated to Eur Comm HR
Law Library Location:
- Law REP ‘European Commission of Human Rights’ vols 1–10
If the Debates are not yet Bound:
- Cite them as if they appear in the annex to the OJ (OJ Annex <no>) … (Debates of the European Parliament) instead of OJ Debates.
Documents of the European Parliament
Debates of the European Parliament
| Rule | Debates of the European Parliament should be cited in the following form:
Remarks of <Speaker's Name>, <vol> <(Year)> OJ Debates, <Pinpoint reference>, <Full date>. |
| The Melbourne University Law Review Association and the Australian Guide to Legal Citation do not endorse these rules and the rules contained in the MMILC do not in any way modify or change the rules contained in the Australian Guide to Legal Citation |
