| Summary: | 碩士 === 南華大學 === 歐洲研究所 === 96 === After 1945, the victorious nations or the defeated nations in Europe all faced to the difficult problem, such as people were poor in the internal affairs aspect , and was threaten in cold war in the diplomatic aspect. Therefore, the countries in Western Europe realized that Europe should change. First, created the common economical development organization in economy. The second, the Paris treaty started to system the European conformity from 1951 until now. Every members transferred a part of sovereignties for European Community organization, but the European Community dose not actually substituted for the various countries'' original government. In other words, only authorized to establish overhead construction of the so-called ultra national organization, namely the European Community. The European Community has formed community''s law system, separately existed with various domestic law system and the international law system.
To create the independent law system of the European Community must have law system and origin that is different with various members domestic law system and the international law system. It also must have the strong legal system that can protect the community law system. Because of European court of justice having the duty to protect the law system, we should discusses it’s organization, the operation, the function and the duty.
In the growing process of the European Community treaty, jurisdiction of the European court of justice also changed and the expanded. European court of justice itself also became stronger by decision, and expanded the connotation of the European jurisdiction. This paper also discusses the relations between European court of justice with the first trial court and the European court of human rights. The paper also attempts to understand and to explain European Community law’s origin, the characteristics and potency. Finally, the paper picks some decisions about the basic rights as the example, to inspect whether the operation in the European court of justice truly fulfills the explanation principle that it establish independently.
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