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效仿欧共体法院建立起来的安共体法院通过四种诉讼类型确立了对成员国国内法和共同体二级立法的司法审查机制,但其在司法实践中并未确立安共体基础性条约的宪章性地位,拒绝赋予共同体机构在相同事项上的排他性权力,容许成员国国内法院背离共同体规则,从而导致了安共体“去一体化”的现象。造成这种认知失调的原因表现在司法技术上,是安共体法院没有采用欧共体法院的目的解释方法,而是机械地从字面文义进行解释。其背后的根本原因主要在于成员国缺乏共同的自由市场经济哲学和过于强调极端国家主权观念的传统。
The Court of Appeal of the Community Court of Appeal, established in accordance with the ECJC, has established a judicial review mechanism for the domestic legislation of the member states and the secondary legislation of the Community through the four types of litigation. However, in its judicial practice, the Security Community Foundation did not establish a The constitutional status of refusing to grant exclusivity to community bodies on the same issues and allowing domestic courts in Member States to deviate from the rules of the Community led to the phenomenon of “de-integration” by the Community. The reason for this cognitive dissonance, manifested in judicial technology, is that the Court of Cassation did not adopt the purpose of the EC Court’s interpretation of the law, but mechanically interpreted it literally. The underlying causes lie mainly in the lack of a common philosophy of free market economy in member countries and a tradition of over-emphasis on the notion of sovereignty over extreme countries.