유럽共同體의 國際法的 特性에 관한 考察 : 超國家性을 中心으로 = (A) Study of the Characteristics of the European Community in International Law : Specifically, of its Supra-Nationality

다국어 초록 (Multilingual Abstract)

The European Community appeared as a supra-national organization after World War Ⅱ. The purpose of this thesis is to observe this supra-nationality of the European Community and its meaning on the traditional international law.
The supra-national character of the European Community can be observed from two points of view, organizational and legal, as the Treaties establishing it are both organizational and normative.
From the organizational point of view, it is supranational in its composition, power, and voting systems of its organs.
First, the organs of European Community are composed of people who are concerned only for the interests of the Community and act independently without receiving and order or interference from the Member States. The only exception is the Council which is composed of the Ministers of the Member States.
Second, the Community has its own decision-making power which is exercised mainly by the Council, and its policy is executed through its own organ, the Commission. The Court of Justice has compulsory and exclusive jurisdiction over various kinds of actions. The Assembly has supervisory and advisory competence and some substantial budgetary power.
Third, the Council, which is inter-governmental organ, has both majority voting system and weighted voting system. These voting systems show the most conspicuous supra-national character in the European Community.
The Community legal order also shows high supra-nationality.
First, the Community has its own, namely secondary, sources of law besides the primary sources of law, the Treaties and Conventions concluded among the Member States. No other international organization has its own legal sources comparable to these.
Second, the Community Treaties are self-executing and all Community Law has direct effect upon individuals of Member States including both natural and legal person. This means the recognition of individual as the subject of international law.
Third, Community Law has supremacy over the national law of the Member States. This supremacy is based on the ruling by the Community Court that Community constitutes a new legal order in international law, for whose benefit Member States limited and transferred their sovereigh right in a limited field.
Thus observed, European Community has supra-national character both in its organizational and legal aspect, which no other precedent in international organizations comparable to can be found.
European Community, though it has its own limitations and is faced with resistance from national sovereignty, is the most supra-national organization in the world and marks a new phase in the evolution of international law.

목차 (Table of Contents)

• 목차 = 2
• Summary = 5
• 第1章 序論 = 9
• 第2章 유럽統合理念과 유럽共同體의 登場 = 12
• 1. 統合理念과 共同體 = 12
• 2. 유럽統合運動의 歷史的 背景 = 13
• 3. 유럽共同體의 成立過程 = 16
• (1) 第2次世界大戰後의 유럽統合運動의 展開 = 16
• (2) 유럽共同體의 成立過程 = 19
• 第3章 유럽共同體의 國際組織的 性格 = 23
• 1. 序論 = 23
• 2. 유럽共同體 機關 = 24
• (1) 槪要 = 24
• (2) 委員會 = 26
• a) 構成과 票決 = 26
• b) 機能과 權限 = 29
• (3) 理事會 = 31
• a) 構成과 票決 = 31
• b) 機能과 權限 = 34
• (4) 議會 = 36
• a) 構成과 票決 = 36
• b) 機能과 權限 = 38
• c) 議會權限의 擴大問題 = 41
• (5) 法院 = 43
• a) 構成 = 43
• b) 管轄權 = 44
• 3. 유럽共同體의 國際組織的 超國家性 = 51
• (1) 機關의 權限 = 51
• a) 理事會와 委員會의 權限 = 51
• b) 議會의 權限 = 52
• c) 法院의 管轄權 = 53
• (2) 機關의 構成 = 55
• (3) 票決 = 58
• (4) 財政 = 60
• (5) 超國家性의 限界 = 61
• 第4章 유럽共同體法의 性格 = 63
• 1. 共同體法의 法源 = 63
• (1) 第1次的 法源 = 64
• a) 條約 = 64
• b) 會員國 사이의 協約 = 65
• c) 共同體에 의해 締結된 條約 = 66
• (2) 第2次的 法原 = 67
• a) 規則 = 67
• b) 命令 = 68
• c) 決定 = 69
• d) 勸告와 意見 = 70
• e) 共同體法院의 判決 = 71
• 2. 共同體法과 會院國의 國內法 = 73
• (1) 共同體法과 國內法의 關係 = 73
• (2) 共同體法의 直接約 效力 = 74
• a) 直接的 效力의 意味 = 74
• b) 直接的 效力의 根據와 標準 = 76
• c) 條約의 直接的 效力 = 78
• d) 規則의 直接的 效力 = 79
• e) 命令과 決定의 直接的 效力 = 80
• (3) 共同體法의 優位 = 82
• a) 共同體法과 國內法의 衝突 = 82
• b) 共同體法의 優位와 그 根據 = 84
• 3. 共同體法의 超國家性 = 89
• (1) 共同體法의 法源의 超國家性 = 89
• (2) 個人의 國際法主體性 = 91
• (3) 共同體法의 優位 = 93
• 第5章 結論 = 95
• 參考文獻 = 99