ECJ set to fast track Commission and Council dispute over Stability Pact

By Stanley Crossick

Date: 19/02/04

THE European Court of Justice has agreed to apply the "fast track" procedure in the groundbreaking dispute between the European Commission and the Council of Ministers on the interpretation of the Stability and Growth Pact.

This could allow a ruling to be handed down within a few months, while Romano Prodi's team of commissioners is still in office.

A Commission victory could well clip the wings of the Council and ensure a greater role for the College in the application of the pact.

Both France and Germany are running excessive deficits under Article 104 of the treaty establishing the European Community.

The Commission recommended on 8 October 2003 that the two member states be required to take the necessary measures to reduce their deficits.

The Council, however, did not follow this recommendation and adopted conclusions suspending the excessive deficit procedures.

The College of commissioners was divided as to whether the Council should be brought before the Court.

However, as the Commission was advised by its legal service that the Council was in breach of the treaty, it had a duty to act as "guardian of the treaty" and head for court.

• Stanley Crossick is director of the European Policy Centre, Brussels