Papers Category:Political Papers
- Nationalism Papers
Post Time:2012-1-19 11:54:00
Summary of European Union law on the institutionalization of the EU integration play a role for the EU integration provides important legal support for the settlement of disputes between EU member states to provide legal mechanisms nationalism has a dual impact on the EU integration European Union law and national doctrine if interaction and joint efforts can boost the EU integration.
Keywords nationalism EU law European integration
The EU integration process is the integration of EU law continued to expand the breadth and depth of the process, the results are striking, remarkable, but the "integration of the wave does not make the nation and the demise of the nation-state. In contrast, the more globalized the economy , the breadth and depth of international exchanges more expansion, nationalism is often the voice of the higher. "interaction between EU law and nationalism will inevitably affect the process of EU integration.
First, the EU law on the EU integration process
EU law is EU member states in the EU integration process and the gradual transfer of legal sovereignty, transferring the results, is the result of the law of the EU integration in the EU integration process, EU law provides an important EU integration legal protection, the promotion of European integration has played a catalytic role the following areas:
(A) provides for the integration of the EU legal framework and basis for legitimacy The high degree of EU integration, involving an unprecedented breadth of the field.
Member States first regional economic cooperation as a leader, through the mutual cooperation between countries, from the Coal and Steel Community, the customs union to the common agricultural policy, from the European Monetary System to the Single Market and the single currency "Euro", established a broad and in-depth security community, economic co-operation in this process, from the establishment of the Coal and Steel Community <<Treaty of Paris "to the establishment of the European Union <<Treaty on European Union>>, which by the Member States signed the treaty defined the foundation of many parties in the cooperation process should fulfill treaty obligations and treaty rights enjoyed for all aspects of cooperation between Member States to provide the necessary legal framework and foundation.
EU integration with a clear supranational character, but because of the constitutional, common foreign and security policy areas of high political integration with limited success, the EU supra-national institutional arrangements has been "political legitimacy" of the problems, the problem EU integration is not resolved on the legal basis for the loss, because: If you do not have the legitimacy, members transferring sovereignty to the supranational level, it also lacks a legal basis, if you do not have the legitimacy, according to the supra-national institutional arrangements made decision-making, member states can not get the recognition and enforcement between Member States and it is entered into treaties and agreements exist for the EU providing the legal basis of these treaties and agreements, member governments will be transferring some powers to the EU supranational level, and members of national parliaments in these treaties to be adopted and implemented, the EU supra-national level to obtain some political legitimacy.
(B to promote market integration, and promote the formation and development of the internal market to provide legal protection
EU level common market for the entire legal system provides a unified code of conduct, a unified legal system to reduce transaction costs, enhanced transaction security and stability, thereby contributing to economic activity within the common market growth.
Members of the EU common market is divided up based on the market, to maintain the normal operation of the common market is the key to whether the removal of trade barriers between Member States, the EU common market and the history of the development within the market removal of various types of trade is a constant barriers of history, especially in the removal of trade barriers is invisible barriers to trade, the EU contributed to the Court's judicial legislation from the 1960s, the European Court through judicial practice, and established some of the Community law is fundamental to the basic principles , in particular, a series of decisions established by the principle of direct effect of the maximum effect with the principles of Community law and Member States to resolve the question of the relationship between the law and established the field of Community law, the effectiveness of the entire community, but also for the establishment of a common market provides the legal basis .
(Three EU member states to resolve conflicts and disputes between the interests of providing an institutional guarantee
EU law not only to determine the rights and obligations between the member states to provide a legal basis and framework of the EU law European Union set up a unique judicial system to resolve conflicts and disputes within a strong system of protection provided in the community development process in national courts and European Court of Justice to form a positive interaction between the two complement each other to form a complete judicial system. The judicial system of judicial protection to meet the requirements of the Community, on the one hand, individuals may use the judicial system and in certain circumstances by the European Court of Justice on Community law rights and freedoms they claim, on the other hand, thoroughly national courts rule on the Member States to establish contact with the European Court of Justice provides a unique mechanism, this mechanism, the European Court to urge the Member States of Community law in the uniform implementation of laws and thus ensure the stability and unity.
Second, the EU integration process of nationalism
Nationalism is a kind of ethnic and national groups for the ownership of the object (or group consciousness, which is the national member of the national common cultural traditions and historical heritage, the common aspiration for the future and happiness of the common destiny and beliefs recognized. discussed in this paper mainly refers to nationalism in the EU integration process in the service of Member States to pursue their own interests to a variety of ideas, which, mainly for economic nationalism and political nationalism.
While in the past few decades, the EU political and economic integration continues to grow, but each member country's national obsession does not end, even the sign of the rise for the EU integration and the relationship between nationalism, we should be dialectic, the EU integration process from start to finish and nationalism accompanied by the line, regional integration and nationalism both antagonistic and unified, nationalistic role of EU integration has both negative and positive effect.
First, from the nationalist point of view reflected in the political sphere, nationalism pros and cons of the EU's political union, on the one hand, nationalism is always in pursuit of national state and the nation's best interests for the purpose of maintaining the nationalists stand the position of national political interests, in order to achieve the maximization of the national political interests, have combined to promote and facilitate EU political impulse and momentum, the EU integration is essentially European countries to safeguard their national interests and the inevitable choice made . As some scholars believe it: after all, a nationalist political unification of Europe, a new form of expression, is the European nation-state in the context of globalization to protect their national interests, seek to maximize national interests and an attempt experience with the end of World War II and the beginning of the Cold War, who had been the rage in the international arena of national power in Europe has been weakened significantly, only in the United States, caught between two superpowers, the Soviet Union seek to survive, and only together can quickly grow their own of power. on this sense, it is political nationalism come together to promote the European Union, an alliance for the country's security and economic revival, national ideology under the guidance of the European countries were forced to go path of development through unity, and therefore to some extent can be said that it is nationalism contributed to European integration.
On the other hand, the process of political integration in the EU, the European countries there are different interests will inevitably conflict, will produce a variety of conflicts, in this case, the narrow nationalism of the EU integration process will have a negative effect, impede or even destroy the smooth progress of European integration even been asserted that: "the resurgence of nationalism, European integration could collapse, the EU is moving toward extinction, ... from London to Berlin to Warsaw, Europe is undergoing political activities to re-close returned there, once in the recovery of all countries to voluntarily give up the pursuit of collective ideals of national sovereignty. " This argument is somewhat alarmist, but the narrow nationalism of the enormous centrifugal force can not be discounted. Links to free download http://eng.hi138.comSecond, from an economic point of view the sense of nationalism, economic integration as the EU has both positive and negative effects.
After the war, the main problem facing Europe is how the ruins of the war re-Jueqi, economic nationalism of the most important task is how to take all effective measures as soon as possible economic recovery, job growth, improve living standards of people in China in the circumstances, taking the European Union in the roads, the establishment of the European Common Market, between Member States to achieve the free movement of factors of production can be quickly and effectively enhance the country's economic competitiveness. So in a sense can be said that economic nationalism that European countries work together in the the eventual establishment of a unified European market.
Narrow economic nationalism will become an obstacle to regional economic integration in the EU a stumbling block in fact, their own economic interests of the Member States is still the priority objectives, although the country's economic sovereignty in the framework of European integration has been a great degree of limitation, but there are still national economic sovereignty, and did not die when touched members of major areas of economic cooperation, sensitive, economic interests, or when the economic co-operation does not effectively solve the economic problems that exist within member states, the inevitable economic nationalism will arouse a strong reaction. Today, the EU enlargement and the global financial turmoil, the economic situation in many EU countries the prospects are not optimistic, forcing more and more people have begun to face this question: If there is no European Union, what would become of us ? is not difficult to imagine the long run this trend for the EU economic integration in what negative impact.
Third, EU law and nationalism in the EU integration process of interaction
In the process of EU integration, EU law and nationalism constitute a contradiction, interdependence, interaction, affect the process of EU integration.
First, the EU law has a restraining effect on nationalism as an independent legal system in the EU Member States law, is based on transferring the sovereignty of member states on the basis of the law, but with the gradual expansion of the scope of sovereignty in the nation doctrine of space activities is bound to be limited, nationalism will be the increasing of the legally binding EU law principle of direct effect has been established principles and priorities of national sovereignty in the results that constitute the two pillars of the EU legal system, which the EU law has some supranational elements, greatly accelerating the European integration process, while the rule of law in a social context, for it means that nationalism was also caught up in domestic law and EU law sets the yoke, more likely to be tamed.
Secondly, the expansion of nationalism on the European Union law also restricted the role of anti-EU law requires Member States to expand the inevitable transferring more sovereignty, when such alienation reaches a certain critical point, it will create a strong nationalist resistance, This can be from 2004 <<EU constitution>> to eventually rejected <<Lisbon Treaty>> replaced by the treaty to be confirmed this event. In order to eliminate some small countries fear the United Kingdom and the EU to evolve into "super state" concerns , even though <<European Constitutional Treaty>> finally delete the original text of the EU to "United States of Europe" in terms of the abolition of the "federal" word, but ultimately could not escape by the French and Dutch referendum on the fate. the United States Associated Press analysis of Dutch voters is opposing <<EU constitution>> pointed out three major reasons, one is afraid of losing national identity, voters are slowly eroded national identity against the final analysis, nationalism at work contrary , as <<Lisbon Treaty>> take full account of the Member States of national sovereignty concerns over alienation by deleting some of the content with the Constitution means, including changing its "constitution," a name, delete Mengqi the EU, AU songs and other content, Minister of Foreign Affairs to cancel the title, adding to the EU and member states of the sub-sector access to the directory and the EU member states authorized to limit the possibility of setting back the content, so members do not worry about the endless erosion of sovereignty by the EU only to avoid repeating the <<EU constitution>> in the past.
Again, from a dynamic point of view to examine the EU law and the formation of nationalism may be a positive interactive relationship, and jointly promote the process of EU integration on the one hand, EU law will help strengthen the unity of the people of Europe member states agree, then coupled with the political, economic, and cultural identity to improve many aspects, the original is bound to break the narrow nationalism of the nation, state boundaries, up to a higher level of nationalism, namely Intercontinental doctrine or European nationalism on the other hand This new level of nationalism not only can greatly reduce the resistance of the EU integration process, the opposite can also be a driving force to promote the European integration process, prompting the European Union and European Union law to promote the integration of the depth direction.
In short, in line with EU law, Member States continue to improve their own interests, to a certain extent, reflect the demands of nationalism, but with the extension of EU law tentacles will touch on sensitive areas of nationalism, which led to a rebound; the unity of the legal system help establish a common European identity, the formation of a common European consciousness, the narrow-minded nationalism raised to a new level of nationalism in Europe, and ultimately promote the process of EU integration.
Notes: Wang Lian.
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