论文部分内容阅读
欧盟基础性法律最初并未明确保障经济主体之自治,但却将之预设于其法律规则之中。《欧洲联盟条约》第3条第3款要求内部市场应以“高度竞争性的社会市场经济”为基础。尽管欧盟法并非全面系统的法律秩序,但却建立在成员国法律体系的基础之上。合同自由是成员国法的一项一般原则,尽管欧盟基础性法律并未明确规定合同自由原则,但这一原则也内蕴于欧盟基础性法律之中。自治是欧盟法的一项一般原则,但当欧盟基础性和派生性法律的规定所保护的客体地位与合同自由齐平甚至更高时,自治原则就在某种程度上受到欧盟基础性和派生性法律规则的限制。
The basic laws of the EU did not initially guarantee the autonomy of economic subjects, but they were presupposed by their own legal rules. Article 3, paragraph 3, of the European Union Treaty requires that the internal market be based on a “highly competitive social market economy”. Although EU law is not a comprehensive and systematic legal order, it is based on the legal system of member states. The freedom of contract is a general principle of the law of member countries. Although the fundamental law of the EU does not clearly stipulate the principle of freedom of contract, this principle is also embodied in the basic law of the EU. Autonomy is a general principle of the EU law. However, when the status of an object protected by the EU’s basic and derivative laws is equal to or even higher than the freedom of contract, the principle of autonomy is to some extent influenced by the EU’s basic and derivative Limitation of sexual legal rules.