通过扩员实现宪政化:欧盟民主认同的有争议起源

Constitutionalization through enlargement: the contested origins of the EU's democratic identity

Journal of European Public Policy · 2006
被引 23
ABS 3

中文导读

本文论证欧盟的宪政化始于1962年围绕西班牙加入欧共体的政治斗争,非国家行为体通过推动民主和人权原则制度化,为后续条约和判例中的宪政化奠定基础。

Abstract

ABSTRACT This article demonstrates that the constitutionalization of the EU began with a political struggle to set the rules by which the community would respond to applications for membership. By mobilizing to block Spain's association with the EEC in 1962, European parliamentarians, trade unionists, and others who believed that democratic and human rights principles should be institutionalized within the community established an informal rule governing the community's policy practice that laid the groundwork for the subsequent constitutionalization of democratic and human rights principles within the community's treaties and jurisprudence. It demonstrates the critical contribution to the political construction of Europe made by non-state actors willing to challenge the preferences of member state governments and shows that otherwise weak actors are significantly empowered when they are able to identify their preferences with pre-existing domestic and international norms.

欧盟研究政治学国际关系法律与政治