헌법의 존재의미로서의 국가성: EU의 국가성 고찰 - 리스본 조약에 대한 분석을 중심으로

• 영문명: The Study on the EU"s State-Like Attributes - centering on the Lisbon Treaty -
• 발행기관: 한국헌법학회
• 저자명: 조소영(Cho Soyoung)
• 간행물 정보: 『헌법학연구』憲法學硏究 第14卷 第1號, 75~107쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

  The demise of the European Union"s Constitution was a slow and painful process that finally reached its close at the gathering of the European Council on June 21 through June 23, 2007. At that meeting the grand document was officially declared dead. The European Council decided in-stead that a "Reform Treaty" (now called the Lisbon Treaty) would merely amend the EU"s two principal treaties, the Treaty Establishing the European Economic Community (EC Treaty) and the Treaty on European Union (TEU). The Treaty reforms that were necessary to permit the Union to function more efficiently and more transparently after its enlargement from fifteen to twenty seven members.
  The EU has possessed many structural and procedural components that mirror those of a national government. These features are generally accepted as tools for the Union to carry out the highly ambitious agenda that its members have mandated. This article puts the constitutional episode into perspective by broadly reflecting on all of the characteristics of the EU that have parallels in national governments. As a prelude to examining the EU"s state-like attributes, this article recognizes that the Union is in fact a hybrid entity comprised of both intergovernmental and federal elements. It was born as an intergovernmental organization (IGO), and in certain ways it still retains the characteristics of an IGO. To provide a context for the ensuing analysis, this article describes the EU"s significant intergovernmental elements. Such elements are important, but the course of integration during the EU"s first fifty years has enhanced the Union"s nation-like features, moving it toward an increasingly federal model. Certain of these characteristics are arguably required for the EU to function effectively, and this article describes them as essential state-like attributes. And finally I did analysis about calling the Treaty Constitution and substituting a federation for EU.

목차

Ⅰ. 들어가는 말
Ⅱ. 리스본 조약에서의 EU의 국가적 요소
Ⅲ. 리스본 조약에서의 EU의 국가간 결합 요소
Ⅳ. EU의 국가성에 대한 小考 - EU에 대한 연방국가원리의 대입 검토 -
참고문헌
〈Abstract〉

키워드

EU 리스본 조약 연방국가 국가성 국가공동체 ？rgerinitiativen politische Willensbildung B？rgerbeteiligung am Verwaltungsverfahren Partizipation an Verwaltungsentscheidungen Rechtsstaatsprinzip demokratische Ordnung