II Protocols

Protocol on the Statute of the Court of Justice of the European Coal Steel Community ( * )

( * ) EDITORIAL NOTE:

Article 4( 2 )( b ) of the Convention on Certain Institutions Common to the European  Communities states:

'The provisions of the Protocol on the Statute of the Court of Justice annexed to the Treaty  establishing the European Coal and Steel Community, in so far as they are in conflict with  Articles 32 to 32c of that Treaty, shall be repealed.'

THE HIGH CONTRACTING PARTIES,

DESIRING to lay down the Statute of the Court of Justice provided for in Article 45 of this  Treaty, HAVE AGREED as follows:

Article 1

The Court of Justice established by Article 7 of the Treaty shall be constituted and shall  function in accordance with the provisions of this Treaty and of this Statute.

TITLE I

JUDGES

Oath of office

Article 2

Before taking up his duties each Judge shall, in open court, take an oath to perform his duties  impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.

Privileges and immunities

Article 3

The Judges shall be immune from legal proceedings. After they have ceased to hold office,  they shall continue to enjoy immunity in respect of acts performed by them in their official  capacity, including words spoken or written.

The Court, sitting in plenary session, may waive the immunity.

Where immunity has been waived and criminal proceedings are instituted against a Judge, he  shall be tried, in any of the Member States, only by the court competent to judge the members  of the highest national judiciary.

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