Human Rights As The Foundation Of Integration Of EU Law

This thesis focuses on human rights, the foundation of integration of EU law, tracing its origin, evaluating its reality, analysis its theory and assessing its future. With a view of human rights, the author explores some basic theoretical issues on the integration of EU law. By virtue of a multi-disciplinary method, she demonstrates human rights as the foundation of integration both in a theoretic level and institutional level.The introduction of the thesis explains briefly the historical background of the integration of Europe. Based on the Treaty of Permanent Peace of Kant, a beautiful picture on A Peaceful World is depicted. After the second -world war, the European people long for human rights so much, and the task of renaissance of the economy became the main impetus of Integration.The first part of the thesis reviews systematically the process of integration of EU law, and takes which as a starting-point of the analysis. In order to demonstrate the necessity of the integration of law, the important role of EU law is discussed both from the part of the Common Market and the part of the institutional construction. The process of the integration of EU law includes two phases: the signature of basic treaties of EU and the harmonization of law by means of transferring the directivesThe second part of the thesis explores the value foundation of integration of EU law. First, the concept of human rights is defined, which has changed into social justice theory and humanism from the metaphysics, and Dignity is considered as the value foundation of human rights. Then, the author tries to argue for this view. Two basic approaches of human rights are introduced, namely Natural Rights and Utilitarianism, and both of them are criticized by the Kant's theory which justifies that human rights originates from Dignity. Everyone is the aim, and he shouldn't be taken as the means. Secondly, the ideas of Liberty, Equality and Tolerance are analyzed as the value foundations of integration of EU law. After a brief review on the history of ideas of liberty and equality, the author illustrates it with the first gap and the second gap of human rights. Under the guide of the communication theory of Habermas, the idea of Tolerance is explored, which means to listen to all kinds of voices, to understand and respect the views of other people, to pursue for the solidarity of the society. Finally, the author points out that the protection of human rights help to realize the integration of law. On the basis of Habermas'paper, the priority of legal meaning of human rights to its moral meaning is emphasized. The legal mechanism of protection of human rights must be established so as to protect human rights well.The third part of the thesis analyses human rights from the point of the institution. With the creation of European Criterion, the protection of human rights in Europe has made great progress. The EU mechanism of protection of human rights has gone through a long term, from the omission of the clauses on human rights in the early days to accept human rights as a primary principle and at last to lay out the Chapter on Fundamental Rights. Then, based on the analysis of the constitutional treaty, the author discusses the relationships between the statesman and the people, between the constitution treaty and the European Identity. Concretely, the issue of the legality of the authority of EU involves the legality of EU law and the politic decisions, and"the deficiency of democracy". In order to resolve this problem, the constitutional treaty takes a series of reforms on the establishment and the competence of the organs of EU to make more effective and transparent. The entitlement of European citizen has such a significance that it will replace of the traditional identity based on the nation and create the direct politic relationship between EU and the citizens of the member nations, which will greatly push the politic integration of Europe. 1.The relationship between the sovereignty and the entitlement of citizen. The latter is a legal status connected tightly with the former, which means one is endowed rights and he must implement duties. We are in a post-nation times, the nations are becoming weak, so it's necessary to establish the powerful trans-national institutions.2. European Identity and political culture. The realization of the aim of political unification need a kind of abstract solidarity, a common conscience, which makes everyone become a European citizen consciously. In other words, it need a politic public area and a common political culture. 3. Constitutional treaty and European identity. A real European constitution will greatly help the formation of European identity. It will bring the big debate in the whole Europe, which will be a good opportunity for the consultation and communication among nations. At last, the author analyses the rights of the constitutional treaty. The constitutional treaty takes human rights and liberty as the primary principles. The Chapter on Fundamental Rights is the core of the constitutional treaty, which illustrates the principle of human rights well.The forth part of the thesis makes a perspective of the future of Europe. That is to say, how to resolve the issue of harmonization between the human rights system of the Council of Europe and that of the EU after the latter becomes a member of European Convention for the Protection of Human Rights and Fundamental Freedoms. Two systems should try to develop good relationship to push the protection of human rights of Europe forward.The"conflict and harmony"is the subject of the integration of Europe. Dignity, Liberty, Equality and Solidarity are the value aims of EU, also the source of European Identity. This implies a new type of human rights theory, which is the best demonstration of Harbermas'inter-subjectivity theory, and is the development of Kant's subjectivity theory.