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欧盟既是一个以条约为基础的制度架构,也是一个拥有27个成员国的区域性国际组织。《欧洲经济与货币联盟稳定、协调和治理条约》(简称《财政契约》)是涉及欧洲政治、经济和法律的制度设计方案;《欧洲稳定机制条约》成为实施这一法律框架和原则的机制保障,在此基础上建立具有永久性救助功能的欧洲稳定机制。本文在对这两个法律文本解读的基础上,阐述欧债危机背景下欧盟区域的制度建设与创新。《财政契约》的达成将从立法层面进一步扩大欧盟超国家机构的治理领域,开启成员国让渡财政主权和金融监管权限的进程。这将为欧盟解决其成员国在财政和金融监管上长期各自为政等结构性问题提供法律为先的制度保障。
The EU is both a treaty-based institutional framework and a regional international organization with 27 member states. The Treaty on Stability, Coordination and Governance of the European Economic and Monetary Union (“the Compact”) deals with the institutional design of the political, economic and legal systems in Europe; the Treaty on the Stability Mechanism of Europe has become the institutional guarantee for the implementation of this legal framework and principles , On the basis of which a European stability mechanism with permanent bailouts will be established. Based on the interpretation of these two legal texts, this article elaborates the institutional construction and innovation of the EU in the context of the European debt crisis. The conclusion of the “fiscal covenant” will further expand the area of governance of the EU’s supranational institutions from the legislative level and will open up the process of member states granting financial sovereignty and financial regulatory authority. This will provide the EU with a legal-based system of guarantees for the constitutional problems that its member states face in their long-term fiscal and financial regulatory efforts.