欧盟替代纠纷解决机制特征浅析

A Brief Analysis of the Characteristics of the EU’s Alternative Dispute Resolution

欧盟作为一个国际行为主体,其特殊性在于它既是一个国家间合作组织,如各国在共同外交和安全以及内部司法和民事领域内开展的政府间合作,也由于成员国在经济方面让渡了自身部分国家主权,而使其在经济建设尤其是建设欧盟内部单一市场、促进各国贸易发展方面具有了超国家的权力。欧盟在取得这些权力后组建和发展了自己的立法、司法和执行机构,从而保障这些授予的权力能够有效地执行。但是欧盟自身组织的复杂性也使其在解决争端的时候不得不面对诸多欧盟特色,特别是在涉及众多主体的争端解决方面,欧盟非诉讼争议解决机制(ADR)的特征主要可以体现在多元分类、关键突破、与时俱进和防胜于治。

The particularity of the EU as an international behavioral agent is that it is a cooperation organization between countries with, for instance, intergovernmental cooperation in common foreign and security policy, internal judicial and civil fields, and its member states transfer part of their national sovereignty, so that it may exert a supranational power in economic construction, especially in the construction of the EU single market and the promotion of the member states ’ trade. With this power, the EU established and developed its own legislative, judicial and executive institutions to ensure the law is effectively enforced. However, because of the complexity of its own organization, the EU has to confront its own specific features when settling a dispute, especially a dispute involving numerous agents, the ADR of EU is marked with multiple classification, key breakthroughs, advance with the times, and prevention rather than cure.