HC Deb 23 January 1984 vol 52 c391W
Mr. Deakins

asked the Secretary of State for Foreign and Commonwealth Affairs what mechanisms exist in the European Economic Community to prevent the European Assembly exceeding functions and powers given it by the treaty of Rome.

Mr. Rifkind

Under the European Coal and Steel Community (ECSC) treaty, the powers of the European Parliament are circumscribed by article 38 under which the court, on the application of a member state, may declare an Act of the Parliament void. There is no provision in the EEC treaty which expressly confers a similar jurisdiction on the European Court. The court has ruled, however, that the actions of the Parliament which concern all three Communities indivisibly can be challenged under article 38 of the ECSC treaty.