An Analysis Of The Constitutionalization Of EU Law

Throughout the development process of modern countries,regional integration is the choice of many countries.In this process,there has been an interaction between law disciplines,especially the infiltration and integration of constitutional law and international law.The concept of constitutional law has moved to the field of international law,using constitutional law to govern the region.The concept of constitutional transplantation into the field of national law is a new development in the field of law,a new strategy for contemporary regional governance,a methodology for international development,a governance strategy of the European Union,and an excellent achievement.This mode of governance in European countries provides methodology for regional development,especially for China's participation in regional governance and development.It also enhances the applicability of constitutional science.It combines constitutional theory with regional governance,theory with practice,and creates a new mode of development among countries.The EU is a model for the success of regional governance in the world today.The unique governance system is an important reason for its success and promotes the emergence and development of EU law.The EU Law is a treaty signed by the EU countries and the EU's laws as an organization.The origins are diverse,mainly including basic treaties,secondary legislation,jurisprudence,and general legal principles.The EU law in this paper is mainly the basic treaties of the EU in the process of its establishment.From the international treaties that only stipulate coal and steel,the European Coal and Steel Community Treaty,to the European Atomic Energy Treaty and the Treaty of the European Economic Community(collectively referred to as the Rome Treaty),which involve multiple elements in the economic field,we can achieve a leap forward in the economic field.The Treaty of Rome not only has a broader regulatory content,but also puts forward the goal of breaking international boundaries and establishing the same market.It opens the door for European countries to develop into a supranational community.It is a complete transition from international treaties to international treaties with national constitutional attributes,and the germination of constitutionality of EU law appears.In order to establish a single market,the European Single Act was signed in 1986.The Act not only amended the relevant contents of theCommunity Treaty,but also introduced new elements for the protection of human rights.European cooperation also moved to the political field.With the deepening of European integration and cooperation,European countries signed the Treaty of the European Union(Treaty of Maastricht),which contains not only specific provisions but also general provisions,including the political system of the organs of political power with separation of powers.The Treaty of Amsterdam was signed in 1997.The Treaty is a revision of the Community Treaty,which further improves the organization of the European Union and plays the role of constitutional regulation of public power.Because of the deepening of cooperation among EU countries,the EU must strengthen its legitimacy and value of rights.By incorporating basic rights into constitutional documents,the Charter of Fundamental Rights,which specially protects citizens' rights,has come into being.The Charter is divided into seven chapters.It pays attention to the protection of citizens' rights.It not only stipulates traditional basic rights but also new basic rights.With the deepening of cooperation among EU countries,more and more European countries want to join the EU.In order to solve the problem of EU enlargement,the Nice Treaty was signed in 2001.It is mainly the revision of the organizational structure and voting system,which increases the legitimacy and democracy of the EU.It is mainly the revision of the organizational structure and voting system,which increases the legitimacy and democracy of the EU.The enlargement of the European Union needs a written constitution.In 2004,the leaders of 25 countries signed the EU Constitutional Treaty(Draft).The main body,procedure,title,structure and content of the draft show constitutionality,which is the symbol of constitutionality of EU law.Although aborted,it was replaced by the Lisbon Treaty.The dynamic process of constitutionality of basic treaties is also accompanied by constitutionality of European Union organizations and the constitutionality of human rights protection system,which runs through the establishment and development of European Union law.The author holds that this development path of EU law is a dynamic process of constitutionality of EU law and the influence of constitutionalism on international law.This article will analyze the constitutionality of EU law from four aspects.The first chapter is the constitutionality of EU basic treaties.Firstly,it combs the course of the formation of basic treaties,mainly from the causes,treaty structure and provisions.Then it explores the attributes of the Constitutional Treaty of the European Union(Draft).On the one hand,it introduces the views of scholars:constitutional,treaty,constitutional and treaty dual attributes,constitutional treaties to treaty constitutions;on the other hand,it introduces the author's views on the constitutionality of international law,the establishment of constitutional committees,democratic representatives of all levels and the final entry into force.A referendum or a parliamentary vote shall be held.The treaty is divided into preamble,text,protocol and annex.It also covers general principles,norms of state organizations and guarantees of civil rights.There are also European Union symbols with national symbols.These aspects are the transfer of constitutionalism to national law.Specific manifestation:constitutionality of international law.The second chapter is about the constitutionality of the European Union,which is a new international organization.Scholars dispute its attributes.Firstly,it introduces scholars'viewpoints on the legal nature of the European Union,and holds that the European Union is a unique international organization between a country,an international organization and a country and an international organization.Then it introduces the author's viewpoint,which is based on the principles of constitutionalism.The impact on international organizations is the constitutionality of international organizations.Firstly,the powers of the EU are introduced,from a single coal to a comprehensive economic field,then to politics and finally to judicial,diplomatic and national defense powers,which tend to be a central body.Then,it analyses the EU organization structure based on the separation of powers.As a regional organization,the EU is the application of constitutionalism and the typical feature of the constitutionality of the EU organization structure.Finally,the relationship between EU organizations and Member States is also divided according to the federalism in constitutional law,which is supplemented by enumerative authorization,subsidiary principle and proportionality principle.The third chapter is the constitutionality of human rights protection in the European Union,which is divided into three parts:the process from lack of human rights protection to constitutionality,the construction of human rights protection in the Charter of Fundamental Rights of the European Union,and the protection of human rights in derivative treaties.The last chapter talks about the significance of EU constitutionality and the significance of EU constitutionality o regional governance.Finally,the concluding remarks,the summary of the constitutionality of the EU law,and the implications for the development of China's "one belt and one road" and the SCO,and the direction and strategy for the development of the Chinese side and the SCO.