欧盟司法与内务合作机制的发展——“自由、安全和正义的区域”建立

The Development of the Cooperation on Justice and Home Affairs in EU: On the Establishment of an Area of Freedom, Security and Justice

欧盟的司法与内务合作已进入快速一体化阶段,欧盟通过建立"自由、安全和正义的区域",力图实现其司法与内务合作模式由"国家间"合作的方式向"共同体化"的方式转变。《里斯本条约》在该领域内对欧盟机构的权限划分更加明晰,同时建立了一系列相关的配套制度。但成员国与欧盟超国家机制间的利益存在冲突,为此欧盟在相关问题上给予部分成员国以特殊地位,并采取了寻求弹性一体化的方法,这种努力在一定程度上缓解了上述矛盾。传统上以政府间主义为主导的欧盟司法与内务合作制度正逐渐转化为联盟控制下共同体机制。

Cooperation on justice and home affairs of ELI has entered into a rapid integration stage. EU is striving to reform its cooperation mode from ＂inter-govemmentalism＂ to ＂ultra-nationalism＂ by establishing an area of freedom, security and justice. The authority division of EU institutions is more clear under Lisbon Treaty, which established a series of relevant supporting system. To achieve the balance between interests of member states and EU supranational institutions, the EU law adopts a somewhat flexible integration method on related issues, and permits some member states to have their special status in the Area, which has alleviated the contradiction to a certain extent. The traditional justice and home affairs cooperation system was dominated by inter-governmentalism idea. But now it is being replaced by a community mechanism which is mainly under the control of EU institutions.