论欧盟法律与其成员国法律之间的关系

本文主要阐释了欧盟的法律渊源并通过判例解析了欧盟法律对其各成员国的直接效力原则和优先适用原则;以立法和司法实践说明了欧盟法律与其成员国法律之间的相互影响,进而揭示出当代两大法系相融合的某种趋势;论述了欧盟及其成员国分别对外签订的条约之间的相互关系。

The paper discusses the sources and the principles of direct applicability and the priority of EU laws. Through the analysis of legislation and judicial practice, the author explains the interaction between the EU laws and the laws of its member states, and demonstrates the trend of merger between the two major legal systems The paper also discusses the relations between the treaties concluded by the EU and by its member states.