The EU Constitution Treaty and the EU supranational governance conference briefing the first and

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The EU Constitution Treaty and the EU supranational governance Seminar
And Chinese European Society of European law research will be the first annual meeting
           
   Meeting Discussion Jane Newspaper
  The first phase of
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   Sponsored by the European Society of Europe China law study, Harbin Institute of Technology School of law, Renmin University of China Centre for European studies, "the EU constitutional treaty and the EU supranational governance seminar and Chinese European Society of European law research will be the first annual meeting" in April 14, 2007 in Harbin City, Kailai held in the Garden Hotel. More than 70 experts and scholars from Renmin University of China, Wuhan University and other 32 universities nationwide participated in the workshop. On the morning of 14 workshop was held the opening ceremony and made all conference speech on the EU constitutional treaty, the afternoon of the first group to discuss about the EU constitutional treaty, second groups of issues is the new development of EU law.
 
  The opening ceremony
 
   Professor Zhao Haifeng the dean of Law School of Harbin Institute of Technology presided over the opening ceremony, first, welcome to the guests, followed by a brief introduction to the development of Chinese European Law in recent years, especially Chinese European Society in 2006 August established the European law research, finally introduced the solid foundation of Harbin Institute of Technology School of law and European law.
   Harbin Institute of Technology President Wang Shuguo attends a meeting speech, stressed the need to thoughts of law. And pointed out that in the face of the international trend of social development and the practical requirements of China's accession to the WTO, as the principal can not support the development of the subject of law; do not understand the world, not to study the international trend, it is difficult to carry out international exchanges, Chinese play role in the international arena. Finally, he greet guests, encouraging scholars talk about their own point of view and can contribute in international forums.
   European Law Research China European Society of Professor Ceng Lingliang, Dean of the Wuhan University School of law to address the meeting. He first research will extend my heartfelt thanks to the Harbin Institute of technology and the school of law organized this conference on behalf of the European law; secondly, emphasizes the unique nature of this symposium interdisciplinary research problems in Europe, and that this meeting is of great significance in the choice of timing; at last he reviews the development course of study of domestic European law and wish the seminar successfully!
   Professor and director of the Song Xinning Centre for European studies, Renmin University of China on behalf of Harbin Institute of technology, one of the organizers to thank President Wang Shuguo and President Zhao Haifeng, and pointed out that this meeting has the significance of two landmark for the centre for European studies, people's University and China European Research problems: one is the domestic two subjects on the first interdisciplinary research and discussed, the European research area in the China, such method is a beginning; the two is the three organizers have established good relations of cooperation, the many European Research Center, but also won the European research project, which provides the system safeguard for the joint multi-disciplinary research.
   Vice President Xu Wei addressed the conference of Law Society of Heilongjiang Province, said the warm welcome to all the experts and scholars, that is legal in Heilongjiang province honor this event, will promote the development of law, the leaping development of Harbin Industrial University Law School says yes, and approves of the northeast of jurisprudence "Star" "pearl".
   After the opening ceremony, leaders and participants in the beautiful banks of the Songhua River photos.
 
The plenary meeting of the EU Constitution Treaty (a) speak
 
   The meeting held the first spoke at the meeting, presided over by the dean of the Law School of Shandong University of Science and Technology professor Li Guanglu.
   Dean, Law School of Wuhan University Department of education subject Changjiang Scholar professor Ceng Lingliang is "the governance structure of the European Union's pluralism and to peaceful development of China". He first according to the white paper on European Governance defines the EU governance; secondly, points out that multiple EU's governance structure is reflected in the organizational system, legislative / allocation of decision rights, legislation / decision procedure and the legislative / decision implementation supervision; then introduces the governance structure of the late in development, including the "white paper" and "the EU European governance the constitutional treaty"; finally analyzes the governance structure of Chinese influence in the political, human rights, rule of law and the economic and trade area of peaceful development; conclusion: the EU governance is a kind of financial governance structure or hybrid governance structure of supranational and intergovernmental governance in one.
   The theme of the speech of Professor Zhang Xiaojin, Centre for European Studies at the Renmin University of China, the EU Constitution Treaty comparative perspective on EU supranational governance. Firstly, explaining the situation and forecast the future of the European Union have to pay much attention to the subject of law and politics; second, he said that the EU as an advocate of governance mode, passive mode of governance and the United Nations is different; third, the EU governance concept has a wide range of content, including the combination of diffuse formal, structural and informal as well as a combination of value and experience; fourth, compared in central level, believe that the development of the EU is complementary ways of governance and the rule of law, to promote the provisions in the law can be through the management way to make improvement.
   Professor Zhao Haifeng the dean of Harbin Institute of Technology law school did a problem to be "duality" of the EU constitutional treaty keynote. First of all, explain the proposed dual problem of the EU constitutional treaty. A series of principles established by the European Court of justice case description of basic EU treaty is a kind of constitutional charter; the EU Charter of fundamental rights is a successful example of unity of different level groups representing common formulation of legal documents; the drafting process of the constitution fully embodies the spirit of democracy and the public opinion; to identify properties directly affect their countries in approval. Second, according to the concept of the Convention on the law of Treaty of the constitutional treaty as treaty characteristics. Third, after the treaty with democracy concept of constitution, and in the text, content and directly face the way people are constitutional characteristics. Finally, the future prospects of the constitutional treaty, that the constitution is to clear up the past, to create a future, is an important legal innovation after the national era.
   Vice President Zhu Yikun spoke of the title of Professor of Jinan University law school is the "EU regional legislation and company law innovation". he thinks the company law legislation in the EU regional coordination degree is related to the degree of integration in Europe, is a European coordination. The EU is currently in the field has made some achievements, but also faces some difficulties, mainly British liberalism and democratic Germany two extreme conflict. The recent development of a "soft law" to promote the coordination of company law; two is the concept of "European company European Companies Ordinance", to promote the unity of law, but there are also shortcomings, mainly is the narrow scope of application, the lack of European unified registration authority.
   Wuhan University law school professor Guo Yujun spoke on "" EU Constitution Treaty "and European integration of the evolution of international law". She first provides an overview of the "EU Constitution Treaty" and the integration of Europe's evolution and development; then analyzes the EU Constitution Treaty "" innovation in institutional reform, the decision to vote, such as power distribution, and points out the shortage of provisions, including a constitutional declaration of principles not streamlined enough, democratic deficit; third, analysis of the "the EU Constitution Treaty" on the development of contemporary international law in the national sovereignty theory, subjects of international law, international treaty law and so on; the future prospects of the EU constitution. "Thinking of how far, can walk far", encourage academic innovation.
   Subsequently, the meeting entered the discussion stage. First, Professor Bao Lu foreign economic and Trade University Law School professor Zhang Xiaojin analysis Chinese please development non-governmental organizations as well as the influence of diversified management in China from the perspective of political science. Professor Zhang Xiaojin said, the development China NGOs lack of security system, "Corporation Law" long-term put it away unheeded, but in fact Chinese non-governmental organizations is still in continuous development. National governance rely only on the government can not, diversified governance without government support. Then, Professor Yang Chengming, Professor of European political thought is changed to Zhang Xiaojin consult. Professor Zhang, European political thought has transcended traditional political thought, to the state and federal direction. Professor Song Xinning from the perspective of international relations continue to answer, integration is an innovation of the relations among countries, Germany into the European help eliminating the threat, and the formation of the balance of power in Europe, beautiful, Su three party in the world. At the same time also pointed out that for the Asian countries as well as the significance of our country. Finally, associate professor Zhang Tong of the China University of Political Science and Law is the "five carriages" for the development of traditional separation of the three powers to ask the professor had Lingliang. Once Lingliang answered the professor, "five carriages" is defined on the number of EU institutions, in the concept of governance than the separation of the three powers more concentrated; and "five carriages" reflects the European people will.
   In this discussion, finally, host Li Guanglu professor of scholars focused on the development and at the same time, also can close contact with the reality of appreciation.
 
14On the afternoon of the first group of group discussion "EU Constitution Treaty" (two)
 
   The panel discussion chaired by Professor Li Daogang of Shandong University School of law, the "EU Constitution Treaty" are discussed further.
   Zhongnan University of Economics and Law law school, Dr. Lei Yidan did a problem to be "on" the Treaty establishing a constitution for Europe "on the EU constitutional reform impact" statement. His speech is mainly focus on three aspects: first, the EU has a real sense of the constitution; second, the development of European Union constitutionalism is confronted with the dual crisis of rationality, so the reform is an inevitable trend; third, the "EU Constitution Treaty" is not a constitution, it reflects the EU through progressive reform way, transition from low-intensity constitutionalism to high density of constitutionalism.
   Xiangtan University law school associate professor Cai Gaoqiang "" EU Constitution Treaty "on the development of international law and beyond" as the theme of the speech, with the background of globalization, analyzes the influence of "EU constitutional treaty" in international relations, it reflects the development of international law and beyond, as well as the trend of international law and domestic law. He also introduced the operation mode for the southern Africa community development and how to deal with the relationship between Chinese reference value in Hong Kong and taiwan.
   Nanjing University law school associate professor Fang Xiaomin told Congress entitled "" EU Constitution Treaty "in the economic constitution" speech. His speech involves three aspects, including the economic concept of constitution, as well as its content in the research process of some experience. She explains the "EU Constitution Treaty" in the provisions of the social market economy mode, and points out that no matter what kind of economic model is the realization of tools and ensuring the freedom of economy, is on the development of European Economic integration.
   Professor Yang Chengming of Harbin Institute of Technology School of law, with its rich experience and achievements in the study of law of human rights, to the general assembly to do a paper entitled "on the" EU Constitution Treaty "on the European human rights protection influence" speech. He takes "the adoption and entry into force of the Treaty of EU constitution" as the premise, that the asymmetry of this treaty will correct the EU economic, political, military and human rights fundamentally, and the protection of human rights in the EU from the political level to the legal level. The treaty also fundamentally make up the EU's "human rights deficit", and make the system of human rights protection system to protect human rights of the European Union and the Council of Europe's connected to the protection of human rights, the EU from point to surface.
   Centre for European studies, Yunnan University researcher Zhou Yu spoke on "the legal nature of" EU Constitution Treaty "". She believes that the legal nature of the European Union is the boundary between the federal states and intergovernmental organizations, and further analysis of the "constitutional and Treaty of EU Constitution Treaty". At last she effect on the Constitutional Treaty of the delay and the impact on European Union were explained, and the prospect of the constitutional treaty and the significance for the research of Southeast Asian regional organizations are discussed.
   After the meeting of experts and scholars in theme, host Li Daogang professors involved for each speaker field were wonderful comments.
   In the discussion stage, the group spoke first, from Southwest University of Political Science and Law's Yang Yonghong teacher, Dr. Lei Yidan of the Zhongnan University of Economics and Law, the Harbin Institute of Technology professor Zhao Haifeng, Professor Yang Chengming for the European Court of human rights and the European Court of human rights protection in the jurisdiction conflict issues in-depth and meticulous discussion, and based on the "EU Constitution Treaty" provisions, the constitutional treaty the second part -- the European Union Charter of fundamental rights issue is covering the jurisdiction of the European Court of justice.
   Subsequently, the Zhejiang University law school vice president Professor Xia Lian in the "EU Constitution Treaty" the European human rights protection up to the judicial system concepts and EU economic rights justiciable were asked. Professor Yang Chengming gave an answer.
  Finally, the Nanjing University law school associate professor Fang Xiaomin to host a "EU Constitution Treaty" in a large extent determines the mode of social market economy questions to respond. From the provisions of the Treaty on look, established the social market economy, but from a practical effect, formulate specific policy is the main factors affecting the implementation effects.
 
14On the afternoon of the first group of group discussion "EU Constitution Treaty" (three)
 
   Professor Guo Yujun of Wuhan University School of law, chaired the panel discussion.
   Zhang Lihong associate professor at East China University of politics and law did a problem to be "fusion" in European Contract Law keynote. He introduced several major research institutions in the European Union in the field of contract law and its research achievements, including the Commission on European Contract Law, European private law, common elements of European private law jurist Association, European civil code, contract law of European society, the Acquis team, and for the results of their research to do proper analysis.
   The title of Professor Ge Yongping of Harbin Institute of Technology School of law is to speak "failure and outlet elite people --" constitution "of the EU constitution treaty". He analyzed the "EU Constitution Treaty" by the setback in most by way of referendum ratified the constitutional treaty countries, and points out that the "EU Constitution Treaty" must be re experienced a baptism of Europe politics and society, and should not completely governments behavior. Europe needs to citizens by the constitution, the people's constitution, and not the constitution of government, between the elite and the mass communication and understanding is necessary, "EU Constitution Treaty" lies in its people.
   The title Dr. Zhang Hua speech at Wuhan University School of law is "on" Reform Treaty establishing a constitution for Europe "on the common commercial policy". He first introduced the legal origin of the common commercial policy, and then analyzes the focus in the dispute from the aspects of definition, common commercial policy range and power property and voting mechanism, and explains the "reform of EU Constitution Treaty" in the field, and finally points out some problems still exist in the common commercial policy.
   Ge Yongping professor of Harbin Institute of Technology law school professor Sun Jun read the paper "The Role of Germany in Constitution Making of EU". This paper reviews the role of Germany to develop a series of process in the "EU Constitution Treaty", combined with the current Germany as the rotating presidency of the European Union status, argue that the primary goal of Germany but is restarting the constitutional process, and finally puts forward a clear road map and timetable for the future. "The EU constitutional treaty" uncertain future.
Professor Li Daogang from Shandong University School of law, finally did a problem to be "general principles of law" on the European Community's speech. He believes that Europe no constitution doesn't mean no constitution, no human rights charter does not mean no mechanisms for the protection of human rights, in fact, the European Union from the beginning attached great importance to the protection of human rights. He also defines a general principles of law belongs to domestic law principles and the principles of international law differences, as the general principles of law sources of international law should refer to the general principles of law recognized by civilized countries domestic law on, and can be found in the case to prove the regional international law. Finally, he expressed his views on the dispute about the guarantee of basic rights principles of various language text.
   In the discussion, Liu Qingwen German Law Institute of Nanjing University law school associate professor Zhang Lihong talk about future plan of European contract law implementation possibility of questioning, Professor Zhang said that the poor plan, operation principles of European Contract Law, apply little room. Unified European Contract Law is more unified European civil code as the beginning.
 
14On the afternoon of second groups of packet to discuss the new development of EU law (a)
 
   Foreign economic and Trade University Law School professor Bao Lu hosted the group discussion.
   The title of Professor Ceng Erxiu of South China Normal University School of law is "speak of the formation and development of" theory of EU law, consists of three parts: A, the EU integration process and the legal system; two, the rule of law; three, the EU Constitution Treaty and the law of development. The construction of the idea of rule of law, the rule of law in the aspects of promoting the development of European integration in the speech. At the stage of forming the rule of law, the European Court of justice has played a very important role, especially in the exercise of its ruling power. The EU Constitution Treaty the first written in the form of legislation that the direct effect of member countries and the highest potency.
   The representatives of members in dealing with the decisions of the European Court's attitude, the concept of rule of law in the European Union Law and in domestic law difference problem is discussed.
   Zhongnan University of Economics and Law professor Zhang Xiaodong spoke on "WTO agreement in the applicable legal analysis", first of all, make a clear distinction between the domestic law and international law; secondly, elaborated the status of international organizations; third, the EU is not a state, but an international organization to a country in the process of evolution of the inevitable product, is a sovereign country factors, in addition, the formation of the European Union is to promote economic benefits.
   According to the statement: if each member can have a referendum, admitted that the "validity" of the Treaty of EU constitution, each member will lose its sovereignty claims, all the experts expressed their views, form the fierce confrontation, had Lingliang professors on this issue their own views. And Fellow Deputies also source of supranational, word meaning, content are discussed.
   Title of associate professor Han Xiuyi speak of the Liaoning Normal University law school is "stagnation or dart? -- to another investigation "of European integration stagnation, first with the three pillars of the European Union three-in-one analysis framework is introduced for the investigation of tool; secondly, using this tool two of EU law mongline onrush of explanation; finally, why not stagnation in the European integration issues, from the dialectical relationship between politics and legal formalism characteristics, legal and regulated things suffered resistance than the mistress analysed the reasons.
   Subsequently, the experts for the single prominent reasons, support for the cause of the problem, ask questions, elitism thick and development in recent years. In addition, the European integration is the "stagnation", Dr. Shi Jiayou expressed their different views.
   Dr Shi Jiayou of the Renmin University of China School of law, was entitled "the European Court of human rights and the European Court of justice jurisdiction competing" speech, starting from two European and the protection of human rights of the differences, the overlapping problem in the field of human rights protection function. From the European Court of justice interpretation and application of the European Convention on human rights "to"; control the European Court of human rights for the community law; human rights court review of community law problems; the two court jurisdiction conflicts brings and two solutions are discussed.
Representatives of the part of the problem statement, especially the "equal protection presumption" + human rights court review solution and speakers are discussed.
   Centre for European Studies at Guangdong University of Foreign Studies associate professor Cai Hong spoke on "super national treatment in the process of European Integration: the EC competition law as a sample", from the integration of the background and the engine of European integration structure perspective of the governance theory, presents the characteristics of the supranational governance rules, and further expounds the the rules presented from the "integration" one-way value dimension to the "integration" and "non integration" double value of parallel development trend. At the same time, from the EC competition law, focuses on the EC competition law changes over the country effect. Two problems in evolution of execution mechanism of competition law.
   The reason for the stone Jiayou EC competition law developed, especially in addition to the common market reason and associate professor Cai Hong of the exchange, in addition, Professor Li Bin also apply to special aspects, European competition law field, as well as mentioned in the statement of the integration of non value is to realize the integration means and other issues with the spokesman the discussion.
 
14On the afternoon of second groups of packet to discuss the new development of EU law (two)
 
   Guangdong University of Foreign Studies associate professor of European Research Center Cai Hong chaired the panel discussion.
  China procuratorial theory research institute Dr. Wei Wu speech topic is "Europe's procuratorate system research", first, the concept of Europe's background, and discusses the current treaty and constitutional treaty legal basis; second, the jurisdiction and the decentralization of power tube structure of Europe's Procuratorate Co. are introduced; third from Europe's Procuratorate, decentralized structure, the prosecutor's independence, the appointment and removal of the prosecutor represents and analysis of the legal status of the European people's Procuratorate structure; finally, check the measures from the transfer of the case, the legal principle, the mutual recognition, has made the simple introduction to the procedure; the conclusion is to build Europe's Procuratorate for the purpose of ensuring fiscal interests means, whether the ultimate establishment is unknown.
   Once Lingliang professor and stone Jiayou teacher discussed included Europe's system of the European judicial system. Professor Zhao Haifeng introduced the research background of the project, and asked about the latest research results of the project.
   Harbin Institute of Technology law school associate professor Li Bin made a "judicial path of European integration -- Comment on the European Court of first cutting practice" speech, first affirmed each member court judge as community law enforcement roles. On this premise, explained the community law enforcement itself may have contradictions and conflicts, preliminary ruling procedure is thus; secondly, the nature of advance ruling procedure tend to judicial interpretation rather than judgment, the European Court of justice and the other members of the court is related cooperation; thirdly, the European Court of justice very respect freedom of discretion of each members of court rights, allowing it to according to their own circumstances explain community law; finally emphasized the preliminary ruling procedure applicable scope of the trend and its significance.
   Associate professor Shi Jiayou and Li Bin on the nature of the European court decision are discussed, and the "plain text" express their opinions.
   Harbin Institute of Technology law school Li Jingzhu made "new development in twenty-first Century the European Court of justice system -- Analysis of" European court statement, introduces the background of the civil court, the court is the first specialized courts according to "the Nice Treaty" was established in 2005 December, the establishment and operation of it reflects the European Court of justice in the new system development in twenty-first Century, for some problems, the establishment of system of judges, judicial organization, procedure, operation situation, the court of EU judicial system conducted a comprehensive analysis of the influence of.
   Nankai University College of law and politics of Dr. Li Xiaobing speech topic is "of the French Constitutional Council relating to the review of constitutionality -- from the" Maastricht Treaty "approval of international law and the French domestic relations law", he clearly pointed out, the international treaty into the constitutionality review scope is a major feature of the French Constitutional Review system. Introduced the relevant provisions of the French constitution in this aspect, and then analyzes the constitution committee of the three review on the "Master Richter" of the treaty. The practice of the Constitutional Council of France to the Treaty of the review of constitutionality is to try to France in this area, but it also showed a certain autonomy and conservatism. All these indicate that the evolution process of the European constitution system and constitutional practice in France is at an integrated. In the integration of the relationship between international law and domestic law, is of significance for Chinese.
   South China Normal University law school teacher Jin Zheng about the "application" of international law in European countries, say, the first difference between international law and domestic law. She believes that research on this problem is practical, not involving values. In customary international law, in most European countries follow the principle of customary international law. In the field of international conventions, there is a great difference, the principles are for the national interest. In addition, also provide some reference data, first is the new changes in eastern europe. These countries have respect for international law, but the premise is incorporated into the domestic law, most countries have provisions on the relationship between international law and domestic law; followed by Russia Treaty on higher than the prescribed legal aspects; third, is higher than most European countries avoid treaty constitutional questions, except Holland.
   Renmin University of China University of International Relations Dr. Lei Jianfeng as the "Reconstruction" of multi level governance and European Union legitimacy speech, first discusses the legitimacy of the EU is normative legitimacy, empirical legitimacy is weak; second, multi level governance and the legitimacy of EU multi-level governance is conducive to reconstruction, to enhance public awareness of European identity, is the basis of the experience of EU legitimacy, supplement representative democracy deficiencies; third, the problems and challenges the legitimacy in the reconstruction process, he thinks the multi-level governance will encounter many problems in practice, if not solve, the legitimacy crisis may deepen.
   Associate professor Li Bin "and the connotations of Lei Jianfeng" governance in the political exchanges.
 
   Night, Harbin Institute of Technology School of law to delegates at the Dragon Mansion, President Assistant Chen Shouquan attended the banquet.