Local view for "http://purl.org/linkedpolitics/eu/plenary/1999-12-15-Speech-3-312"
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"en.19991215.10.3-312"2
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"Mr President, pursuant to Article 321 of the basic instrument of the Court of Justice of the European Communities, Article 33 of the basic instrument of Euratom, and Article 29 of the basic instrument of the ECSC, deliberations in the European Court of Justice are secret, and remain so. In its current practice, the Court of Justice is simply applying those provisions. Pursuant to Article 245 of the Treaty establishing the European Communities, Article 45 of the Treaty establishing the European Coal and Steel Community, and Article 160 of the Euratom Treaty, the Council can amend the rules on secrecy only at the request of the European Court of Justice.
The idea expressed by the honourable Member is naturally one of those approaches that may be adopted when considering theoretically how to solve the problem of openness regarding the deliberations of a body exercising judicial power. However, as the honourable Member quite rightly points out, this is not a question of a practice that might even be adopted in the internal systems of all the Member States. The approach suggested by the honourable Member has both its advantages and drawbacks, as does that adhered to in compliance with the legislation in force that applies to the European Court of Justice. We might, however, imagine that the delicate balance that is being aspired to in this area will duly take account of the different principles to be acknowledged in this case."@en1
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