European Union Law as the Constitutional Edifice of Europe -with additional remarks on its Lessons and implications for Northeast Asia-
유럽의 헌법으로서의 EU법 -동북아시아에 대한 교훈과 함의를 생각하며-

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Kim, Dae Soon
Issue Date
서울대학교 법학연구소
법학, Vol.49 No4 pp.70-107
유럽공동체유럽연합유럽공동체법의 우위리스본 조약가치 지향적 대륙유럽공동체법의 직접효력Lisbon treatyintegration of Northeast AsiaEuropean Communityprimacy of EC Lawdirect effect of EC Lawa new Legal order
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.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 49, Number 1/4 (2008)
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