Dissertation > Political, legal > Legal > International law

Research on the EU Legal System form the Perspective of International Rule of Law

Author YuXiHua
Tutor HeZhiPeng
School Jilin University
Course International Law
Keywords International rule of law Lisbon Treaty European Union’s rule of law
Type Master's thesis
Year 2011
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Despite the world today is still anarchical, it is possible to realize rule of law in international arena. Until now the international rule of law is still in an initial stage. It is just realized in some areas. As a regional super-national organization, European Union is an important example of how to realize international rule of law. European Union not only realized the rule of law among member states, but also formed a unique feature of the way of realizing the rule of law. The Lisbon Treaty which came into force recently speeds up the process towards integration of the countries of Europe in particular. In order to provide practical experience and reference material for the establishing of the international rule of law, this paper will analyze the European Union’s legislation and institution from the perspective of the international rule of law.The prolegomenon mainly introduces the concept of the international rule of law which is the theoretical basis of the discussion on the European Union’s rule of law at a later stage. The subjects of international rule of law are states, international organizations, non-governmental organizations and individuals. Its standards are "good law" and "good governance" in various dimensions. International rule of law manifests in the area of economy, security, environment, culture and so on. Good rules which be accepted and followed in the international affairs should be with good contents, aims and system. Good governance under good law is the operation of the international rule of law. It includes four links, i.e., legislation, law-abiding, executions of law and the supervision of law. Acts of state is the core of realizing the international rule of law. The key is to remold the concept of national interest. The way of concept guiding and institutional constraints can promote the transformation of the concept of national interest.The first chapter introduces the European Union’s rule of law before "Lisbon Treaty". In respect to the legislation, the EU insisted that take the humanism as the foundation, take the sustainable development as the goal. The EU also pursued joint development among member states. All of these rules provide the legal basis of good governance for EU. In respect to the good governance, the EU pursued democratic and transparent legislative procedure, the effective implementation of rules. The EU simultaneously established timely and effective dispute settlement mechanisms.The second chapter is a deep analysis of the promoting effect of the "Lisbon Treaty" on the European Union’s rule of law. On the one hand, the "Lisbon Treaty" deepened the level of the European Union’s rules of law. First of all, the "Lisbon Treaty" adjusted the EU treaty’s structure. It canceled the structure of three pillars of EU and provided that the EU have legal personality. Second, the "Lisbon Treaty" added a new title-Provisions on democratic principles and provide that citizens may require the European Commission to submit proposal on some matters. Treaty also enhanced the power of the European Parliament and raised the status of parliaments of member states. Third, the "Lisbon Treaty" limited the size of the European Commission and established the positions such as permanent President of the European Council and the high representative of the Union for foreign affairs and security policy. To raise the efficiency the treaty simplified and innovated in the decision-making procedure. Fourth, the "Lisbon Treaty" emphasized maintaining the balance among different subjects. On the other hand, the treaty extended the area within European Union’s extent of authority, such as energy, tourism.The third chapter analyzes the reasons for the European Union’s achievement of the international rule of law. One reason is the European Union’s external circumstance, including natural and social environment; The European Union’s success is also benefited from its unique subjective and objective conditions.The fourth chapter discusses the challenges which the EU would face to realize the rule of law and its developing direction. In the future the EU will face problems mainly in the following areas:the economic integration can promote the political integration. Yet the level of economic integration needs deepening; there are conflicts of interest among the member states which obstruct the process of integration; the EU also faces the problem of democratic deficit in European Constitutionalism; the current application of majority voting mechanism should be perfected; with the deepening of integration the transfer of sovereignty of member states will be more difficult.The EU will still lay stress on the economic development. In order to solve the problem of uneven development, the EU may continue to apply developing mold such as multi-speed or two-speed Europe, open method of coordination and even expand their area of application. In addition, the concept of European identity plays an important role in the instructing of the rule of law in the future. The EU should strengthen the concept of European identify by various ways to promote the development of European integration.The fifth chapter interprets the revelation of the European Union’s successful experiences. The EU’s success of the rule of law not only provides material for the instruction of international rule of law, but also proves the possibility of achieving the international rule of law. The international community is more complicated than Europe. The instruction of international rule of law should be a long and tortuous course. The international community may achieve cooperation at low political level such as economic area first and then extend to the more sensitive political areas. In addition, international society can follow the EU’s developing mold such as multi-speed or two-speed Europe.

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