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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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- Authors
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.4, pp. 70-107
- Keywords
- 유럽공동체 ; 유럽연합 ; 유럽공동체법의 우위 ; 리스본 조약 ; 가치 지향적 대륙 ; 유럽공동체법의 직접효력 ; Lisbon treaty ; integration of Northeast Asia ; European Community ; primacy of EC Law ; direct effect of EC Law ; a new Legal order
- 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.
- ISSN
- 1598-222X
- Language
- English
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