다양성 속에서의 통합

• 영문명: Integration in Diversity : the European citizenship and the Rational Decision-Making System
• 발행기관: 개인저작물
• 저자명: 채형복(Hyung-Bok Chae)
• 간행물 정보: 『개인저작물 - 법학·행정』제18호, 143~162쪽, 전체 20쪽
• 주제분류: 법학 > 개인저작물
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

This article aims to analyze the rational decision-making system with the european citizenship in process of the european integration. The decision-making system in the european law is divided by two types: that s adopted by the institutional acts and by the vote. The former is related to consultation, cooperation, co-decision and assent procedure which results to adopt the regulation, the directive and the decision. The latter is concerned with the voting system of unanimity, qualified majority and simple majority. Among them, this article especially intends to study the co-decision procedure and the qualified majority voting system because these two methods have obtained the most broad consent by the Treaties and the european practices. In these aspects, we can resume principle contributions of these instruments as follows; firstly, the co-decision procedure has contributed to reinforce lawmaking power of the European Parliament. Secondly, the problem on democratic deficit which brought out the voting process in the council has been resolved by the qualified majority system. Concerning the european citizenship with the decision-making system, it is useful that we refer to the area of liberty, security and justice(ALSJ), in particular, `Visas, asylum, immigration and other policies related to free movement of persons` provided at Title IV of the Treaty establishing the European community. In this domain, most concerned policies are adopted by the unanimity in comparison that dependence on the qualified majority is restrictive. But we estimate that the European Union(EU) will gradually use the co-decision procedure with the qualified majority voting system

목차

I. 서론

II. 유럽통합을 위한 합리적 의사 결정제도의 모색

III. 니스조약과 합리적 의사결정제도의 적용을 둘러싼 법적 문제점

IV. 유럽시민권과 합리적 의사결정 제도의 효율성

V. 결론

Abstract

키워드

유럽시민권 의사결정제도 만장일치 가중다수결 공동결정절차