헌법의 존재의미로서의 국가성: EU의 국가성 고찰 - 리스본 조약에 대한 분석을 중심으로

The Study on the EU"s State-Like Attributes - centering on the Lisbon Treaty -

&nbsp;&nbsp;The demise of the European Union&quot;s Constitution was a slow and painful process that finally reached its close at the gathering of the European Council on June 21 through June 23, 2007. At that meeting the grand document was officially declared dead. The European Council decided in-stead that a "Reform Treaty" (now called the Lisbon Treaty) would merely amend the EU&quot;s two principal treaties, the Treaty Establishing the European Economic Community (EC Treaty) and the Treaty on European Union (TEU). The Treaty reforms that were necessary to permit the Union to function more efficiently and more transparently after its enlargement from fifteen to twenty seven members.<BR>&nbsp;&nbsp;The EU has possessed many structural and procedural components that mirror those of a national government. These features are generally accepted as tools for the Union to carry out the highly ambitious agenda that its members have mandated. This article puts the constitutional episode into perspective by broadly reflecting on all of the characteristics of the EU that have parallels in national governments. As a prelude to examining the EU&quot;s state-like attributes, this article recognizes that the Union is in fact a hybrid entity comprised of both intergovernmental and federal elements. It was born as an intergovernmental organization (IGO), and in certain ways it still retains the characteristics of an IGO. To provide a context for the ensuing analysis, this article describes the EU&quot;s significant intergovernmental elements. Such elements are important, but the course of integration during the EU&quot;s first fifty years has enhanced the Union&quot;s nation-like features, moving it toward an increasingly federal model. Certain of these characteristics are arguably required for the EU to function effectively, and this article describes them as essential state-like attributes. And finally I did analysis about calling the Treaty Constitution and substituting a federation for EU.