EPC Exhibit 132–16.1
September 3, 2009
THE LIBRARY OF CONGRESS
Dewey Section
To:
Caroline Kent, Chair
Decimal Classification Editorial Policy Committee
Cc:
Members of the Decimal Classification Editorial Policy Committee
Karl E. Debus-López, Chief, U.S. General Division
From:
Julianne Beall, Assistant Editor
Dewey Decimal Classification
Library of Congress
Via:
Joan S. Mitchell, Editor in Chief
Dewey Decimal Classification
OCLC Online Computer Library Center, Inc.
Re:
Discussion Paper: Provisions in 340 Law for European Union
Starting on page 3 below is a copy of the paper sent to the EDUG 340 Law Working
Group (WG) July 17, 2009, intended to serve as a basis for discussion of some key issues
regarding the European Union. WG chair Yvonne Jahns (Deutsche Nationalbibliothek),
WG member Federica Paradisi (Italian National Bibliography), and I discussed it and
another paper (under preparation by the WG) at a meeting in Florence August 20, 2009.
(We were taking advantage of time available during the IFLA Satellite meeting
sponsored by the Classification and Indexing Section, Looking at the Past and Preparing
for the Future.)
Here is one preliminary response from the Deutsche Nationalbibliothek (discussion paper
in black, response in blue):
If we were to develop the judicial branch of the EU like the judicial branch
of the UN, we would not make it a subdivision of 341.2422; rather, we
would make it a subdivision of 341.55. The International Court of Justice,
the principal judicial organ of the UN, is classed at 341.552, not in a
subdivision of 341.23. The Law of the European Union is not an ordinary
part of public international law and the EU is different from other
international organizations. As an international organization, the EU is
unique: usually, international treaties are agreements between states and
do not create rights for citizens enforceable before national courts. The
community legal order differs from international law in this respect, as it
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does create rights for citizens which are enforceable before national
courts.
Because of its legal singularity, the Law of the EU is usually treated as a
separate field of law. It would therefore be better to keep the different
legal aspects of the EU together (treaties, institutions, courts).
There is a big difference, however, between courts of the EU and courts of
the UN: EU courts are limited to a specific regional jurisdiction, the EU
countries, while the UN courts are not thus limited. Consequently, we still
think that the best place for comprehensive works on EU courts with
general jurisdiction is in subdivisions of 347.24. We can develop there the
special notes and indexing to make clear how works on specific EU courts
should be classed. Specific aspects can be classed in appropriate
subdivisions of 347.24, e.g., civil procedure 347.2405, law of evidence
347.2406, arbitration proceedings 347.2409.
What is meant by general jurisdiction? EU courts are different from
national courts. At present, there is no EU civil court.
With respect to the question about general jurisdiction, in 347 Civil procedure and courts,
a distinction is made between courts with general jurisdiction at 347.02-347.03 and courts
with specialized jurisdiction at 347.04. The broad definition of court of general
jurisdiction is a “court having unlimited or nearly unlimited trial jurisdiction in both civil
and criminal cases” (Black’s Law Dictionary). Courts covering a broad range of
noncriminal law can also be considered courts of general jurisdiction in the context of
347. Courts of general jurisdiction include both courts with original jurisdiction (347.02)
and appellate courts (347.03).
Courts with specialized jurisdiction take only certain kinds of cases or cases in which the
amount in controversy is limited. Admiralty courts and small-claims courts are named in
the including note at 347.04. There is also a scatter reference to 342-347 for courts
dealing with a specific subject in law, e.g., tax courts 343.040269.
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Discussion Paper: Provisions in 340 Law for European Union
On pages 2–3 below is a very tentative proposal for expanding 341.2422 European Union
on the model of 341.23 United Nations. The proposed 341.24222 Organization is
modeled on 341.232 Organization under 341.23 United Nations. Under 341.24222 we
have suggested a subdivision for European Commission. Other subdivisions are possible
for other parts of the EU. We have moved the see reference to European Parliament
under 341.24222 to make it clear that we are treating the European Parliament as a virtual
subdivision of 341.24222 Organization. The proposal also includes suggestions for
classifying important EU treaties.
We recognize that explicit provisions are needed for courts of the EU, including
European Court of Justice and Court of First Instance. In WorldCat works on those
courts and their procedures have unfortunately been scattered among 341.2422, 341.55,
and 347.24. The tentative expansion on pages 2–3 below includes no provisions for EU
courts because we feel that further discussion is necessary before we can begin to make
more specific proposals.
For the European Court of Justice and Court of First Instance, it would not be helpful to
introduce into the add table at 341.2–341.7 notation 0269 Courts and procedure from the
add table at 342–347 because notation 0269 is intended only for courts and procedure in
specialized fields; that notation does not give the kind of detailed subdivisions needed for
major courts with general jurisdiction.
If we were to develop the judicial branch of the EU like the judicial branch of the UN, we
would not make it a subdivision of 341.2422; rather, we would make it a subdivision of
341.55. The International Court of Justice, the principal judicial organ of the UN, is
classed at 341.552, not in a subdivision of 341.23.
There is a big difference, however, between courts of the EU and courts of the UN: EU
courts are limited to a specific regional jurisdiction, the EU countries, while the UN
courts are not thus limited. Consequently, we still think that the best place for
comprehensive works on EU courts with general jurisdiction is in subdivisions of 347.24.
We can develop there the special notes and indexing to make clear how works on specific
EU courts should be classed. Specific aspects can be classed in appropriate subdivisions
of 347.24, e.g., civil procedure 347.2405, law of evidence 347.2406, arbitration
proceedings 347.2409.
Here is the tentative expansion mentioned above in the first paragraph.
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341.242
European regional organizations
Including Council of Europe
341.242 2
†European Union
Class here European Common Market, European Community,
European Economic Community
Class laws promulgated by European Union with the subject in
341–347, e.g., human rights laws 341.48, copyright laws
346.240482
For European Parliament, see 341.2424
341.242 202 65
Multilateral treaties
Number built according to instructions under
341.2–341.7
Class here texts of founding treaties, e.g., Treaty
Establishing the European Community, Maastricht
Treaty on European Union; texts of treaties
amending founding treaties, e.g., Treaty of Nice
Class texts of accession treaties in 341.242230265;
class text of Treaty Establishing a Constitution for
Europe (2004) in 342.24023
341[.242 206 8]
Management
Do not use; class in 352.114
341.242 22
†Organization
Class here rules of procedure
For legal responsibility of officials, see 341.24223; for
European Parliament, see 341.2424
341.242 222
†European Commission
†Add as instructed under 341.2–341.7
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†Admission and membership
341.242 23
Subdivisions are added for either or both topics in heading
For organization, see 341.24222
341.242 230 265
Multilateral treaties
Number built according to instructions under
341.2–341.7
Class here texts of accession treaties
341.242 24–.242 29
General relations with specific nations
Add to base number 341.2422 notation 4–9 from Table 2, e.g.,
relations with United States 341.242273
Class relations dealing with a specific subject with the subject
in 341–347, e.g., relations concerning antitrust law and
competition law 343.240721
341.242 4
†European Parliament
For legislative process in European Parliament, see 328.4
†Add as instructed under 341.2–341.7
.....
342.240 23
Texts of constitutions of regional intergovernmental organizations
of Europe
Number built according to instructions under 342.2
Including text of Treaty Establishing a Constitution for Europe
(2004)
Class texts of founding treaties of European Union and texts of
treaties amending those founding treaties in 341.24220265
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NOTE: do you recommend that we use the Eurovoc (http://europa.eu/eurovoc/)
established form "European Constitution" instead of the LCSH form "Treaty Establishing
a Constitution for Europe (2004)"?
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