论里斯本条约下的欧盟宪政
发布时间：2018-09-16 19:12
【摘要】：纵观欧盟制宪进程,从1951年到2009年欧盟经历了巴黎条约、罗马条约、曼彻斯特条约、阿姆斯特丹条约、尼斯条约、欧盟宪法条约和里斯本条约,欧盟一体化的路途不那么平坦,总是不断陷入僵局和沼泽之中。2005年的法国和荷兰公投使欧盟陷入危机,2008年爱尔兰的公投又差点使里斯本条约流产。2009年12月1日里斯本条约终于走完成员国的全部批准程序正式生效。尽管经历种种苦难,欧盟终于以里斯本条约的生效而进入欧洲的一体化和宪政化的新时代。 里斯本约作为一个宪法性条约,并没有沿袭欧盟宪法条约的象征性,取消了宪法、盟旗、盟徽等敏感性的字眼,实际上是一个简化了的“宪法条约”。里约条款较少,结构却及其复杂,在内容上主要是就欧盟的宪政治理结构的地位及其权力分配进行了些许的改变。这些改变在某种程度上加强了欧盟运行的效率性、透明性和民主性,更加符合了宪政的精神和内涵。 本文以里斯本条约为视角阐述欧盟的宪政改革,从历史着手,结合里斯本条约的具体内容对欧盟的宪政结构及其权力分配进行剖析。在此基础上,从欧盟权能、欧盟民主和人权三个角度分析里斯本条约与欧盟的宪政化的关系,以全面展示里斯本条约的宪法性属性及里斯本条约下欧盟的宪政化走向。同时,里斯本条约的内容及其价值都将对我国的宪政建设带来不小的启发和影响,在主权的让渡与保留方面、宪法的设计上、宪政政治的推行上,我国都应该吸取经验,努力加强宪政建设,推动区域经济和政治的合作与发展。 除引言与结语外,本文分为四个部分。第一部分,里斯本条约概观,主要阐述里斯本条约的产生、结构、主要内容及改革的目标和价值。这一部分主要是对里斯本条约进行总体上的介绍,为下面的具体内容做基础铺垫；第二部分根据欧盟的宪政结构进行划分共分为七个小节,分别针对里斯本条约对不同欧盟机构的改革进行了详细论述,并对机构间的权力分配与制衡进行说明；第三部分在前一部分的基础上论述里斯本条约与欧盟宪政化的关系,从欧盟权能、欧盟民主、欧盟人权三个角度进行了深入探讨,说明里斯本条约在欧盟宪政化进程的作用；第四部分简要分析了欧盟改革对中国的影响与启示。
[Abstract]:Throughout the EU constitution-making process, from 1951 to 2009, the EU experienced the Paris Treaty, the Rome Treaty, the Manchester Treaty, the Amsterdam Treaty, the Nice Treaty, the EU Constitutional Treaty and the Lisbon Treaty. The French and Dutch referendums in 2005 plunged the EU into crisis, and the Irish referendum in 2008 almost aborted the Lisbon treaty. On December 1, 2009, the Lisbon treaty finally reached all of its members The ratification procedure takes effect. Despite all the suffering, the European Union finally entered a new era of European integration and constitutionalism with the entry into force of the Lisbon Treaty. Lisbon treaty, as a constitutional treaty, does not follow the symbol of the EU constitutional treaty, and cancels the sensitive words such as constitution, flag and emblem. In fact, it is a simplified "constitutional treaty". There are few provisions in Rio, but the structure is extremely complicated. In content, it mainly changes the status and power distribution of the constitutional governance structure of the European Union. To some extent, these changes strengthen the efficiency, transparency and democracy of the EU's operation, and are more in line with the spirit and connotation of constitutionalism. From the perspective of the Lisbon Treaty, this paper expounds the constitutional reform of the European Union, and analyzes the constitutional structure of the European Union and its distribution of powers from the perspective of history and the concrete contents of the Lisbon Treaty. On this basis, the relationship between Lisbon Treaty and EU constitutionalism is analyzed from the perspectives of EU power, EU democracy and human rights, in order to show the constitutional attribute of Lisbon Treaty and the trend of EU constitutionalism under Lisbon Treaty. At the same time, the content and value of the Lisbon Treaty will bring great inspiration and influence to the constitutional construction of our country. In terms of the transfer and reservation of sovereignty, the design of the constitution and the implementation of the constitutional politics, our country should learn from the experience. Efforts will be made to strengthen constitutional construction and promote regional economic and political cooperation and development. In addition to the introduction and conclusion, this article is divided into four parts. The first part is an overview of the Lisbon Treaty, which mainly expounds the origin, structure, main content and the goal and value of the Lisbon Treaty. This part mainly introduces the Lisbon Treaty in general and lays the foundation for the following concrete contents. The second part is divided into seven sections according to the constitutional structure of the European Union. On the basis of the former part, the third part discusses the relationship between the Lisbon Treaty and the constitutionalism of the European Union. This paper discusses the role of Lisbon Treaty in the process of constitutionalism from the perspectives of EU power, EU democracy and EU human rights. The fourth part briefly analyzes the influence and enlightenment of EU reform on China.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D99
本文编号：2244521
[Abstract]:Throughout the EU constitution-making process, from 1951 to 2009, the EU experienced the Paris Treaty, the Rome Treaty, the Manchester Treaty, the Amsterdam Treaty, the Nice Treaty, the EU Constitutional Treaty and the Lisbon Treaty. The French and Dutch referendums in 2005 plunged the EU into crisis, and the Irish referendum in 2008 almost aborted the Lisbon treaty. On December 1, 2009, the Lisbon treaty finally reached all of its members The ratification procedure takes effect. Despite all the suffering, the European Union finally entered a new era of European integration and constitutionalism with the entry into force of the Lisbon Treaty. Lisbon treaty, as a constitutional treaty, does not follow the symbol of the EU constitutional treaty, and cancels the sensitive words such as constitution, flag and emblem. In fact, it is a simplified "constitutional treaty". There are few provisions in Rio, but the structure is extremely complicated. In content, it mainly changes the status and power distribution of the constitutional governance structure of the European Union. To some extent, these changes strengthen the efficiency, transparency and democracy of the EU's operation, and are more in line with the spirit and connotation of constitutionalism. From the perspective of the Lisbon Treaty, this paper expounds the constitutional reform of the European Union, and analyzes the constitutional structure of the European Union and its distribution of powers from the perspective of history and the concrete contents of the Lisbon Treaty. On this basis, the relationship between Lisbon Treaty and EU constitutionalism is analyzed from the perspectives of EU power, EU democracy and human rights, in order to show the constitutional attribute of Lisbon Treaty and the trend of EU constitutionalism under Lisbon Treaty. At the same time, the content and value of the Lisbon Treaty will bring great inspiration and influence to the constitutional construction of our country. In terms of the transfer and reservation of sovereignty, the design of the constitution and the implementation of the constitutional politics, our country should learn from the experience. Efforts will be made to strengthen constitutional construction and promote regional economic and political cooperation and development. In addition to the introduction and conclusion, this article is divided into four parts. The first part is an overview of the Lisbon Treaty, which mainly expounds the origin, structure, main content and the goal and value of the Lisbon Treaty. This part mainly introduces the Lisbon Treaty in general and lays the foundation for the following concrete contents. The second part is divided into seven sections according to the constitutional structure of the European Union. On the basis of the former part, the third part discusses the relationship between the Lisbon Treaty and the constitutionalism of the European Union. This paper discusses the role of Lisbon Treaty in the process of constitutionalism from the perspectives of EU power, EU democracy and EU human rights. The fourth part briefly analyzes the influence and enlightenment of EU reform on China.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D99
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