欧共体竞争法与欧洲一体化
发布时间：2019-01-27 07:17
【摘要】： 欧洲一体化是多种合力共同作用的结果,其中欧共体竞争法发挥着独特作用。本文从自由建构主义(liberal-constructivism)的角度对欧共体竞争法的产生和作用进行了分析。这里所谓的自由建构主义指的是国际关系理论中自由主义和建构主义相互综合的一种分析范式(paradigm)。自由建构主义认为,建构一种各国认同的制度,可以节省国家间的交易成本(transaction cost),促进各国的国家利益。依据这一范式,本文认为从舒曼计划到欧洲煤钢共同体的建立并不是人们想象的自然过渡那么简单,以竞争法为导向的欧洲煤钢共同体的建立,是以欧洲复兴和国际压力为策动,在美国干预之下的,竞争法观念悄然作用于欧洲政治精英的产物;欧共体竞争法通过消除共同市场上成员国政府以及成员国企业的限制竞争的行为,有力地维护了欧洲共同市场上的自由竞争,成为欧洲一体化尤其是经济一体化的基石;欧共体竞争法分散执行权的“现代化改革”妥善解决了共同体与成员国之间权力分配的矛盾,形成了以共同体为引导,成员国积极参与,促进共同利益发展的协调机制,成为了欧洲一体化得以深化发展的重要制度因素;而欧洲竞争制度对于市场经济的普适性,使得欧共体竞争法可以作为“欧洲模式”的载体,而成为入盟前“接轨”的先决条件在联系国中推广,从而成为欧洲扩大的重要制度因素。总之,欧共体竞争法体现的价值观念和制度特点是其能够成为欧洲一体化促进因素的关键原因。
[Abstract]:European integration is the result of a variety of combined forces, among which the European Community competition law plays a unique role. This paper analyzes the production and function of EC competition law from the angle of liberal-constructivism. The so-called liberal constructivism here refers to an analytical paradigm (paradigm)., which combines liberalism and constructivism in the theory of international relations. The liberal constructivism holds that constructing a system of national identity can save the transaction cost between countries and promote the national interests of each country. According to this paradigm, this paper holds that the establishment of the European Coal and Steel Community from the Schumann Plan to the European Coal and Steel Community is not as simple as the natural transition that people have imagined, and the establishment of the European Coal and Steel Community, which is guided by competition law, is not so simple. It is the product of the concept of competition law acting quietly on the European political elite under the intervention of the United States, inspired by the revival of Europe and international pressure. The EC competition law, by eliminating the behaviors of the governments of the member States and the enterprises of the member States, has effectively maintained the free competition in the European Common Market and become the cornerstone of the European integration, especially the economic integration; The "modernization reform" of the decentralized enforcement power of the competition law of the EC has properly resolved the contradiction between the distribution of power between the Community and its member States, and has formed a coordinated mechanism which is guided by the Community, actively participated by member States, and promotes the development of common interests. It has become an important institutional factor for deepening the development of European integration. However, the universality of the European competition system to the market economy makes the EC competition law a carrier of the "European model" and a prerequisite for "integration" in the associated countries before joining the European Union. Thus it became an important institutional factor for the expansion of Europe. In a word, the value and system characteristic of EC competition law is the key reason why it can become the promotion factor of European integration.
【学位授予单位】：暨南大学
【学位级别】：博士
【学位授予年份】：2008
【分类号】：D99;D75
本文编号：2416037
[Abstract]:European integration is the result of a variety of combined forces, among which the European Community competition law plays a unique role. This paper analyzes the production and function of EC competition law from the angle of liberal-constructivism. The so-called liberal constructivism here refers to an analytical paradigm (paradigm)., which combines liberalism and constructivism in the theory of international relations. The liberal constructivism holds that constructing a system of national identity can save the transaction cost between countries and promote the national interests of each country. According to this paradigm, this paper holds that the establishment of the European Coal and Steel Community from the Schumann Plan to the European Coal and Steel Community is not as simple as the natural transition that people have imagined, and the establishment of the European Coal and Steel Community, which is guided by competition law, is not so simple. It is the product of the concept of competition law acting quietly on the European political elite under the intervention of the United States, inspired by the revival of Europe and international pressure. The EC competition law, by eliminating the behaviors of the governments of the member States and the enterprises of the member States, has effectively maintained the free competition in the European Common Market and become the cornerstone of the European integration, especially the economic integration; The "modernization reform" of the decentralized enforcement power of the competition law of the EC has properly resolved the contradiction between the distribution of power between the Community and its member States, and has formed a coordinated mechanism which is guided by the Community, actively participated by member States, and promotes the development of common interests. It has become an important institutional factor for deepening the development of European integration. However, the universality of the European competition system to the market economy makes the EC competition law a carrier of the "European model" and a prerequisite for "integration" in the associated countries before joining the European Union. Thus it became an important institutional factor for the expansion of Europe. In a word, the value and system characteristic of EC competition law is the key reason why it can become the promotion factor of European integration.
【学位授予单位】：暨南大学
【学位级别】：博士
【学位授予年份】：2008
【分类号】：D99;D75
【引证文献】
相关期刊论文 前1条
1 刘志云;;中国的国际关系与国际法跨学科研究:回顾与展望[J];武大国际法评论;2011年01期
相关博士学位论文 前1条
1 聂婴智;反垄断法法益平衡问题研究[D];吉林大学;2012年
相关硕士学位论文 前2条
1 邹琼;欧盟制宪进程中精英的角色考察[D];上海师范大学;2011年
2 陈品品;欧共体竞争法中的国家援助控制制度研究[D];西南政法大学;2010年
，本文编号：2416037
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