刍议欧共体对外关系中的混合协定问题

欧共体型协定和混合协定是欧共体缔约实践中两大基本条约类型。与欧共体型协定相比,混合协定占数量上的绝对优势,且在欧共体对外关系中的重要性日益上升。文章首先就混合协定的概念,在欧盟体系内的法律依据以及产生的具体原因问题作初步阐释,在此基础上,以欧共体型协定为参照系,重点剖析混合协定在欧盟体系内的法律困境,及其对欧洲一体化的双重影响。文章最后得出结论混合协定法律上的不确定性根源于欧盟体系内权能划分的模糊性,在可预见的未来,这一类型条约仍将在欧共体对外关系中发挥重要作用。

Mixed Agreement in the External Relations of the European Union

The international agreements concluded by the European Union mainly fall into two categories: Community Agreement and Mixed Agreement. Compared with the former category, Mixed Agreement leaves a great mark on the external relations of EU with its absolute advantage in number. This article re-examines the controversial conception, legal basis and complicated causes of Mixed Agreement, and analyzes its dilemma in the EU legal system as well as its interplay with European integration from both the positive and negative perspectives. To conclude, the legal uncertainty of Mixed Agreement derives from the ambiguity of delimitation of function and power between EU and its member states, and at least in the near furture, Mixed agreement will keep on playing a significant role in the external relations of the EU.