从“共同贸易政策”看“欧洲模式”--谈谈一体化中的“欧洲化”取向及其法律保障体系

A Reflection on the European Model from the Perspective of the Common Commercial Policy

欧盟独特的发展道路引发了何谓"欧洲模式"的热烈讨论。本文认为,从共同贸易政策入手,颇有助于探讨这一模式的构成要素。欧盟的核心目标首先是实现区域经济一体化,即打破各国经济间的隔离状态,确立欧洲统一的经济空间乃至实体。建立关税同盟是实现该目标的基石,而共同贸易政策则又是同盟构建中不可或缺的组成部分,因此能够集中反映出"欧洲模式"的本质特征,它表现为两大要素:(1)"欧洲化"取向;(2)提供法律保障。这两大要素的结合与互动是欧洲经济一体化赢得进展的关键,由此也成为"欧洲模式"要义的切实体现。

This paper tries to explore the essential elements as reflected in the European Model from the perspective of the Common Commercial Policy(CCP).Being an integral part of the Customs Union,the basis for starting the whole process of regional economic integration, the CCP surely contains some basic elements which embody the central features of the Model. At least two of them can be identified from this policy: (1) Orientation of 'Europeanization.' The policy is directly orientated towards the establishment of a common market and towards unified market rules and orders at the European level, which can be seen clearly from its motivation, scope, uniformity principle and operation powers transferred to the EC.(2) Integration by law. The new legal order emerged from the building of the EC/EU constitutes the key means for establishing and developing the policy. All the sources of Community law have played important roles in guaranteeing the pursuit of the Community’s aims, principles, scopes and exclusive competence.