ABSTRACT

The comparative law method has been used by the European Court even when there is no express provision for reference to the "general principles" in the Treaties and Regulations. This source has acquired such an importance in the framework of the Communities that refusal to have recourse to it may amount to a denial of justice. Comparative law study has a positive, practical and concrete purpose; it is no longer a struggling new academic discipline but becomes a directly creative method of the embryonic European Community Law. The comparative law method has also been used in order to elucidate the meaning of certain undefined notions contained in the Treaties. The European Community Treaties are framework treaties. Certain European Coal and Steel Community (ECSC) employees had their employment regulated by the ECSC Statute of Service and the problem was whether admission to it could subsequently be withdrawn.