European Union Law as the Constitutional Edifice of Europe - with additional remarks on its lessons and implications for Northeast Asia -
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
Apparently the European Communities and the European Union seem to be all based on “ordinary” or “usual” treaties because the Treaties establishing, supplementing or amending the Communities and the Union fit very well the definition of a “treaty” by the 1969 “Vienna Convention on the Law of Treaties”. Nevertheless, the European Court (the highest judicial arm of the Union) refuses to treat them in that way: in the consecutive cases brought before it in the early 1960s, premising that the Community constitutes a new legal order, the Court has established two principles on which the Community/EU law stands: its direct effect and supremacy. This paper tried to show the hybrid features of the EC or EU law, together with comments on “The Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community”, concluded in 2007 and going through country-by-country ratifications. And, finally, the writer thought about some lessons we could get from the experiences of the European integration.
Abstract
Apparently the European Communities and the European Union seem to be all based on “ordinary” or “usual” treaties because the Treaties establishing, supplementing or amending the Communities and the Union fit very well the definition of a “treaty” by the 1969 “Vienna Convention on the Law of Treaties”. Nevertheless, the European Court (the highest judicial arm of the Union) refuses to treat them in that way: in the consecutive cases brought before it in the early 1960s, premising that the Community constitutes a new legal order, the Court has established two principles on which the Community/EU law stands: its direct effect and supremacy. This paper tried to show the hybrid features of the EC or EU law, together with comments on “The Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community”, concluded in 2007 and going through country-by-country ratifications. And, finally, the writer thought about some lessons we could get from the experiences of the European integration.
참고문헌 (25)
- Akehurst, Michael, "A Modern Introduction to International Law, 6th ed." (1987), Allen & Unwin
- Bebr, Gerhard, "How Supreme is Community Law in the National Court?", C.M.L.Rev, 11, pp.3~ (1974)
- Beutler, Bengt, "J?n Pipkorn und Jochen Streichel, Die Europ?sche Gemeinschaft: Rechtsordnung und Politik" (1979), Nomos Verlagsgesellschaft
- Cappelletti, Mauro, "Integration through Law: Europe and the American Federal Experience, Volume 1: Methods, Tools and Institutions (3 books), Book 1: A Political, Legal and Economic Overview" (1985), de Gruyter
- Claude, Jr., Inis L., "Swords into Plowshares: The Problems and Progress of International Organization, 3rd ed." (1964), Random House
- Craig, Paul, "The Treaty of Lisbon, Process, Architecture and Substance", E.L.Rev, 33(2), pp.137~ (2008)
- Craig, Paul, "EC Law: Text, Cases, and Materials" (1995), Clarendon Press
- Dougan, Michael, "The Treaty of Lisbon 2007: Winning Minds, not Heart", C.M.L.Rev, 45, pp.617~ (2008)
- Freidmann,Wolfgang, "The Changing Structure of International Law" (1966), Columbia University Press
- Hartley,Trevor C, "European Union Law in a Global Context" (2004), Cambridge University Press
- Hartley,T.C., "The Foundations of European Community Law, 4th ed." (1998), Oxford University Press
- Jacobs,Francis G., "The Effect of Treaties in Domestic Law" (1987), Sweet & Maxwell
- Kutcher, Hans, "Community Law and the National Judge", The Law Quarterly Review, 89, pp.487~ (1973)
- Kim Dae Soon, "Case Study in Judicial Activism of the European Court", The Journal of Contemporary European Studies, pp.164~192 (1999)
- Kim Dae Soon, "The Activistic Behaviour of the European Court", The Journal of Korean Society of International Law, 2, pp.1~15 (1999)
- Lauterpacht, H., "Decisions of Municipal Courts as a Source of International Law", BYIL, 10, pp.65~ (1929)
- Neill, Sir Patrick QC (Warden, All Souls College, Oxford), "The European Court of Justice: A Case Study in Judicial Activism, European Policy Forum (August 1995, Frankfurter Institut)", ~ (1995)
- Raworth, Philip, "Article 177 of the Treaty of Rome and the Evolution of the Doctrine of the Supremacy of Community Law", CYIL, pp.276~ (1977)
- Schermers,Henry G., "Judicial Protection in the European Communities, 4th ed." (1987), Kluwer
- Stein, Eric, "Lawyers, Judges, and the Making of A Transnational Constitution", AJIL, 75, pp.1~ (1981)
- Stuart,Lord Mackenzie, "The European Community and the Rule of Law" (1977), Stenvens & Sons
- Sweeney, Joseph Modeste, "Cases and Materials on the International Legal System, 2nd. ed." (1981), The Foundation Press,INC.
- Warner, J.P., "The Relationship between European Community Law and the National Laws of Member States", The Law Quarterly Review, 93, pp.349~ (1977)
- Winter, J.A., "Direct Applicability and Direct Effect: Two Distinct and Different Concepts in Community Law", C.M.L.Rev, 9, pp.425~ (1972)
- Zdenkowski, George, "The International Covenant on Civil and Political Rights and Euthanasia", The University of New South Wales Law Journal, 20, pp.170~ (1997)