欧共体共同商业政策运行机制中的法律问题初探

An Exploration on Legal Issues in the EC Common Commercial Policy

共同商业政策作为规制欧共体对外贸易关系的重要法律框架,代表了欧洲经济一体化的高度成就。《欧共体条约》为该政策提供了明确的法律基础,却未能就其概念作出清晰界定。从欧洲法院的判例实践来看,共同商业政策应作广义理解方能适应内部市场建设的演进和世界经济贸易形势的变化。在共同商业政策的运行机制中,涵盖领域、权能属性,以及组织机构方面的理事会决策机制和欧洲议会的监督作用问题争议较多,其根源在于该政策突出的"超国家性"触动了成员国敏感的神经。《欧洲宪法条约》对共同商业政策的发展虽然由于该条约自身多舛的命运而存有缺憾,但很大程度上预示了该政策的未来发展方向。

The Common Commercial Policy (CCP), which regulates the external trade relations of the European Union, represents one of the highest achievements of the European economic integration. Although the Treaty Establishing the European Community provides express legal basis for the CCP, there is absolutely no, if not obscure, provisions of its accurate definition. According to the jurisprudence and precedents formed by the ECJ, the CCP should be defined extensively and dynamically so as to match up with the development of the internal market as well as the transformation of the world trade. Along with the development of the CCP, such issues are most controversial as the scope of the CCP, the nature of the EC’s competences, and the institutional problems like the decision-making system of the Council and the supervising role of the European Parliament in the domain of the CCP, which are resulted from the supranational nature of the CCP, to which the member states are quite sensitive. Last but not the least, although the Treaty Establishing a Constitution for Europe has been abandoned, it does to a certain extent signify the future trends of the CCP.