欧盟反经济胁迫法运行机制研究

Research on the Operational Mechanism of the EU Anti-Economic Coercion Law

一直以来,欧盟跟随美国实施经济制裁,同时不断通过各种经济反制工具进行自我保护,从主要抵御美国经济制裁的《阻断法案》发展到抵御“经济胁迫”的《反经济胁迫条例(草案)》,其反制工具箱愈加完备。欧盟的“经济胁迫”并非是新出现的概念,伴随美欧经济制裁的不断加强,此概念又被欧盟重新发掘和研究。2023年10月3日,欧洲议会以578票赞成的压倒性优势通过了《反胁迫工具法案》,该法案将成为欧盟反经济胁迫体系工具箱的重要组成部分。通过了解和分析该文书制定历程和运作机制可以发现,ACI本身的设立是为了实行贸易保护主义和缓解来自美国的压力,因此我国既需要进一步完善反制体系建设,又需要通过跟踪ACI的实施效果来考虑是否需要对经济胁迫进行专门立法。

The EU has been following the US in implementing economic sanctions, while constantly protecting itself through various economic countermeasures, from the Blocking Act, which mainly resists US economic sanctions, to the Anti-Economic Coercion Regulations (Draft), which mainly resists “economic coercion”, and its countermeasure toolbox has become more and more complete. The EU’s “economic coercion” is not a new concept, and it has been rediscovered and studied by the EU as economic sanctions continue to intensify. On October 3, 2023, the European Parliament overwhelmingly passed the Anti-Coercion Tools Act with 578 votes in favor, which will become the important components of the toolbox of the EU’s anti-economic coercion system. By understanding and analyzing the formulation process and operating mechanism of this instrument, it can be found that the ACI itself was established to implement trade protectionism and alleviate the pressure from the United States, so China needs to further improve the construction of the countermeasure system, and also needs to consider whether special legislation on economic coercion is needed by tracking the implementation effect of the ACI.