《欧洲宪法条约》是欧盟成员国深化一体化的一个阶段

I.Yu. Dir
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摘要

本文对欧盟宪法产生的先决条件进行了概括性分析。特别是审议了促进其发展的因素。因此,发现随着峰会的结果,决定开发一个宪法草案,欧盟公约成立的创建提供完成的制度改革,它的主要目的是确定欧洲的未来:会员国之间的权力分配,审查欧盟的条约,国家议会的作用以及基本权利宪章》的状态。此外,文章还对宪法的结构进行了总结。本应成为未来《欧洲宪法》基础的《建立欧洲宪法条约》也进行了分析。会议决定,未来的《宪法》由序言、四个部分、议定书和附件组成。文章还探讨了《条约》主要由国家全权代表代表国家签署,其中绝大多数是总理或外交部长。此外,还确定批准该《条约》的进程是棘手的。据分析,欧洲议会投票支持实施《宪法》。大多数成员国的议会,按照在州内通过的条约批准程序,在州议会投票批准了该条约。还调查了阻碍通过《宪法》的主要先决条件,确定了决定就批准《条约》举行公民投票的主要国家。此外,还确定了由于全民公决而公民投票反对通过宪法的州,以及公民投票赞成通过宪法的州。据分析,在法国和荷兰的公民投票结果出来后,欧洲联盟领导人决定休息一下,并成立了一个工作组,为通过宪法制定下一步的步骤。该条还确定,根据活动的结果,决定在《关于制定宪法的协定》的基础上制订一项新的协定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Treaty Establishing a Constitution for Europe as a stage in deepening the integration of the European Union member states
The article generally analyses the prerequisites for the creation of the Constitution of the European Union. In particular, the factors contributing to its development were considered. Thus, it was found that following the results of the summit, at which a decision was made to develop a draft Constitution, the European Convention was formed, the creation of which provided for the completion of the institutional reform, the main purpose of which was to determine the future of Europe: the distribution of powers between the member states, the review of the EU treaties, the role of national parliaments, as well as the status of the Charter of Fundamental Rights. In addition, the article summarizes the structure of the Constitution. The Treaty on the Creation of the Constitution of Europe, which was supposed to become the basis of the future Constitution, was also analysed. It was determined that the future Constitution consisted of a preamble, four parts, protocols, and annexes. The article also explored that the Treaty was signed on behalf of the states mainly by the plenipotentiaries of the state, among whom the vast majority were prime ministers or foreign ministers. In addition, it was determined that the process of ratification of the Treaty was thorny. It was analysed that the European Parliament voted to support the implementation of the Constitution. Most of the parliaments of the member states, in accordance with the treaty ratification procedure adopted in the state, ratified the Treaty at the level of voting in the state parliament. The main prerequisites that stood in the way of the adoption of the Constitution were also investigated the main states that decided to hold a referendum on the ratification of the Treaty were identified. In addition, it was determined the states in which the citizens voted against the adoption of the Constitution because of the referendum, as well as those states where the citizens spoke in favour. It was also analysed that after the results of the referendum in France and the Netherlands, the leaders of the European Union decided to take a break and created a working group that will develop the next steps regarding the adoption of the Constitution. The article also determined that based on the results of the activity, it was decided to create a new agreement based on the Agreement on the Creation of the Constitution.
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