|其他題名: ||The constitutionalization of the European Union|
|作者: ||郭蓁珮;Kuo, Chen-pei|
曾秀珍;Tzeng, Jenny H. C.
|關鍵詞: ||歐盟憲法化;歐洲整合;邦聯;聯邦;constitutionalization of the EU;European integration;confederation;federation|
|上傳時間: ||2010-01-11 00:01:27 (UTC+8)|
然歐盟在邁向此一憲法化過程雖屢經波折，但各會員國最終都能拋開彼此的歧見、妥協，努力解決問題以推動歐洲整合的進展，甚至孕育出極具重要性的憲政結晶－「歐洲憲法條約」。雖然歐洲憲法條約在批准過程遭受重大挫敗，各會員國仍力求突破僵局，最終以改革條約 (Reform Treaty) 取代之，持續歐洲整合的推動。此一相互協調、有效的促進區域內國家間之關係緊密與整體競爭力提高的合作進展模式，恰好可作為各區域組織發展的借鏡，進一步提昇國際間的相互合作與世界的穩定發展。
Compared with traditional international law, the European Union (EU) has created a unique law system. For a better understanding of the differences between them, this thesis is describing the history of how the European integration process has been constructed a unique law system, similar to the constitution of nation states, through the development of fundamental treaties and a variety of case laws.
The so called “constitutionalization” process categorizes this subject both as the constitutionalization of the EU as a formal matter and the construction of the EU’s constitutional order as a substantial matter. As a formal matter, the EU is formulating a set of fundamental treaties through the amendment of former treaties to standardize the interior fundamental structure, so that it becomes the basic law, by which all member states have to obey. As a substantial matter, at first, the European Court of Justice (ECJ) creates a series of case laws and experience. This is to ensure that the foundation of European Union law and general principles of law are universal and have precedence over member states ones. Additionally, to create a system of human rights protection, the Charter of Fundamental Rights of the European Union has been added, to substantially advance human rights protection. This gives the European Union law system more constitutional characteristics. And finally, to influence the EU integration process towards a federal state system. At this point, the European integration process is developing the EU from a multinational organization to an unique political entity somewhere between a confederation and a federation.
But even as the EU is facing continuous problems in its development towards constitutionalization, so far its member states have been able to overcome each others divergent views, to compromise and working towards a solution to push forward the European integration process. And even give birth to the very important constitutional document, “Treaty establishing a Constitution for Europe (TCE)”. Even as TCE faced serious defeat in the ratification process, the member states still tried to break through the existing deadlock and replaced it with the Reform Treaty, thereby continuing the European integration process. This mutual coordination is facilitating regional cooperation between nation states and helps to increase the competitive strength of that region as a whole. This can serve as an example for other regional organizations and further mutual cooperation on an international scale.