欧洲联盟法院:1957-1992年期间出版的欧洲史料史学

I. Kaminska
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摘要

在开始分析和描述外国出版物之前,我们发现的所有资料来源都按照时间标准进行了系统化,根据时间标准,我们将发现的所有以某种方式审查法院的出版物分为三个时期,即:第一时期(1957-1992年);II期(1992-2007);第三期(2007年至今)。这种划分是基于欧洲一体化发展的分期,或者更确切地说,是基于其主要阶段。这一时期-欧洲共同体的建立和运作(从《罗马条约》到《马斯特里赫特条约》的签署);第二时期——欧盟的形成(马斯特里赫特条约、阿姆斯特丹条约、尼斯条约的签署);第三阶段——欧盟在现代形式下的运作(里斯本条约签署后到现在)。由于这种系统化,我们能够展示在法院整合和运作的特定发展时期,哪些主题在学者之间是相关的。这些材料的主要内容是对1957-1992年期间出版的关于法院组织和运作原则的外国科学出版物进行分析的结果。我们发现,大多数科学论文是由来自英国、意大利、比利时、卢森堡、德国和法国的科学家发表的,他们在法院法官和总辩护律师的工作中占很大比例。我们对这一时期出版的所有外国资料进行了研究主题分析,并按主题分组。因此,我们发现在1957-1992年期间。目前欧盟法院的研究课题有:欧盟法律与秩序中的个人保护;欧盟法院判决的解释方法;欧盟的司法控制;国家司法机构与法院之间相互作用的法律性质及其对共同体法律秩序统一适用及其与国家法律秩序有机结合的影响;司法能动主义;欧盟法律原则;欧盟法官在欧洲一体化发展中的作用。关键词:欧盟法院,司法能动主义,欧盟法律秩序,欧盟法律原则,欧盟法院判决。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Court of Justice of the European Union: historiography of European sources published in the period 1957-1992
Before proceeding to the analysis and characterization of foreign publications, all the sources we found were systematized according to the time criterion, according to which all the publications found, which in one way or another examined the Court of Justice, we divided into three periods, namely: I period (1957–1992); II period (1992–2007); III period (2007-present). The division was based on the periodization of the development of European integration, or rather its main stages. And the period – the creation and functioning of the European Communities (from the Treaties of Rome to the signing of the Maastricht Treaty); II period – the formation of the European Union (signing of the Maastricht, Amsterdam, Nice treaties); Period III – the functioning of the European Union in its modern form (after the signing of the Lisbon Treaty and until now). Thanks to this systematization, we were able to demonstrate what topics were relevant among scholars in a particular period of development of integration and functioning of the Court of Justice. The main presentation of the material is devoted to the results of the analysis of foreign scientific publications concerning the principles of organization and functioning of the Court of Justice published in the period 1957–1992. We found that most scientific papers were published by scientists from Great Britain, Italy, Belgium, Luxembourg, Germany, France which account for a significant share of the work of judges and Advocates-General of the Court of Justice. All foreign sources published in this period were analyzed by us on the subject of research and grouped by subject. Thus, we found that in the period 1957–1992.current research topics on the Court of Justice of the EU were: protection of individuals in the EU law and order; methods of interpretation in the decision of the Court of Justice of the EU; judicial control in the EU; the legal nature of the interaction between national judicial institutions and the Court of Justice and their impact on the uniform application of the Community legal order and its organic combination with the national legal order; judicial activism; principles of EU law; the role of EU judges in the development of European integration. Keywords: EU Court, judicial activism, EU legal order, principles of EU law, EU court decision.
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