Modification de 欧洲组织及其与瑞士的关系

根据维克多-莫尼埃的课程改编<ref>[https://www.unige.ch/droit/collaborateur/profshonoraires/victor-monnier/ Profil de Victor Monnier sur le site de l'UNIGE]</ref><ref>[https://www.unige.ch/droit/collaborateur/profshonoraires/victor-monnier/publications/ Publications du professeur Victor Monnier]</ref><ref>[https://www.unige.ch/droit/actus/archives/2019/hommage-victor-monnier/ Hommage au professeur Victor Monnier - Faculté de droit - UNIGE]</ref>

{{Translations
| fr = Les organisations européennes et leurs relations avec la Suisse
| es = Las organizaciones europeas y sus relaciones con Suiza
| it = Organizzazioni europee e loro relazioni con la Svizzera
| pt = As organizações europeias e as suas relações com a Suíça
| de = Die europäischen Organisationen und ihre Beziehungen zur Schweiz
| en = European organisations and their relations with Switzerland
}}

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|[[法律入门]]
|[[法律入门：关键概念和定义]] ● [[国家：职能、结构和政治制度]] ● [[法律的不同部门]] ● [[法律渊源]] ● [[法律的主要形成传统]] ● [[法律关系的要素]] ● [[法律的适用]] ● [[法律的实施]] ● [[瑞士从起源到20世纪的发展]] ● [[瑞士的国内法律框架]] ● [[瑞士的国家结构、政治制度和中立]] ● [[19世纪末至20世纪中叶国际关系的演变]] ● [[世界组织]] ● [[欧洲组织及其与瑞士的关系]] ● [[基本权利的类别和世代]] ● [[基本权利的起源]] ● [[十八世纪末的权利宣言]] ● [[二十世纪基本权利普遍概念的构建]]
|headerstyle=background:#ffffff
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}}

第二次世界大战是欧洲历史上的一个重要转折点，其后果不可磨灭地塑造了我们今天所知的欧洲大陆。1945 年战争结束后，欧洲满目疮痍，城市变成废墟，经济疲惫不堪。出于快速重建的需要，1948 年美国政府在哈里-杜鲁门担任总统期间提出了 "马歇尔计划 "倡议，为遭受战争破坏的欧洲国家的重建提供了大量援助。

在这段重建时期，保证欧洲和平与稳定的愿望也十分强烈。这种愿望反映在地区一体化的努力中，特别是在罗伯特-舒曼和让-莫内等有远见的人物的推动下，1951 年成立了欧洲煤钢共同体（ECSC）。1957 年，六国（法国、德国、意大利、比利时、荷兰和卢森堡）通过《罗马条约》签署了《欧洲经济共同体条约》，这一倡议演变为欧洲经济共同体，从而为当前的欧洲联盟奠定了基础。与此同时，欧洲出现了东西方分裂，标志着冷战的开始。这种分裂的象征是 1961 年修建的柏林墙，它将共产主义的东德与资本主义和民主的西德分隔开来。这一时期的特点是当时美国和苏联这两个超级大国之间的关系高度紧张，对欧洲政治产生了重大影响。

第二次世界大战的结束也加速了非殖民化进程。英法等帝国在战争中疲惫不堪，逐渐给予其殖民地独立。1947 年，在圣雄甘地和贾瓦哈拉尔-尼赫鲁等人的领导下，印度等国以及 20 世纪 60 年代的非洲国家获得了主权，重新绘制了全球政治版图。在人权方面，1945 年后的欧洲一致努力避免战争和大屠杀的恐怖重演。因此，1949 年成立了欧洲委员会，1950 年通过了《欧洲人权公约》，建立了保护欧洲基本权利的法律框架。除其他外，这些事件和举措表明，今天的欧洲是如何从第二次世界大战的悲剧和挑战中汲取教训和应对措施的直接产物。它们见证了在经历了历史上最黑暗的时期之一之后，欧洲大陆决心促进合作、民主、人权与和平。

= 欧洲委员会 =
第二次世界大战给欧洲留下了深重的身心创伤。到 1945 年，欧洲大陆血流成河，城市成为废墟，经济支离破碎，人民深受创伤。然而，除了物质破坏，集中营的发现也引发了前所未有的震撼。盟军解放集中营时曝光的图片和故事向世界展示了纳粹政权所犯下的恐怖罪行的规模。奥斯威辛、达豪和布痕瓦尔德等地成为人类暴行的代名词。这些揭露不仅震撼了欧洲的良知，也震撼了世界的良知，凸显了野蛮行径的规模以及促进人权和尊严的迫切需要。

这种震撼对战后时期产生了深远的影响。它是 1945 年联合国成立的关键因素，《联合国宪章》的签署是对国际和平与尊重人权的承诺。在欧洲，它影响了欧洲委员会的成立和《欧洲人权公约》的起草，该公约于 1950 年签署，为保护整个欧洲大陆的基本权利建立了法律框架。对大屠杀恐怖的认识也激发了加强欧洲一体化的政治愿望，希望能够防止未来的冲突。这导致了欧洲安全与合作组织（ECSC）和欧共体（EEC）等倡议的产生，它们是欧洲联盟的前身，希望将欧洲各国紧密地联系在一起，使它们之间的战争变得不可想象。

第二次世界大战的结束标志着美国和苏联这两个全球超级大国的出现，它们在意识形态和地缘政治上的对立影响了几十年的世界秩序。这一时期被称为冷战，其特点是意识形态上的深刻分歧，即美国倡导的自由资本主义与苏联的马克思列宁主义共产主义之间的对立。欧洲作为这场对抗的中心舞台，被温斯顿-丘吉尔（Winston Churchill）在 1946 年的著名演讲中称为 "铁幕 "的东西从字面上和象征意义上分割开来。这个词描述了受美国影响的西欧国家与在苏联轨道下的东欧国家之间在政治、军事和意识形态上的分离。这种分裂最显著的表现就是 1961 年修建的柏林墙。柏林墙不仅将柏林分为东西两部分，还成为欧洲分裂和东西方对立的最显著标志。柏林墙代表的不仅仅是一道物理屏障，它还体现了两个超级大国之间的意识形态分歧和紧张关系。一边是受益于马歇尔计划、正在走向市场经济和自由民主的西欧，另一边是苏联支持并经常强加的共产主义政权占主导地位的东欧。

这一时期发生了一系列危机和冲突，包括 1962 年的古巴导弹危机、核军备竞赛以及世界各地的代理冲突。冷战对欧洲的政治、经济和社会产生了深远影响，影响了欧洲各国的内外政策，并塑造了几代人的国际关系。1989 年柏林墙的倒塌象征着这一分裂时期的结束，标志着冷战结束的开始，为 1990 年德国的统一、东欧共产主义政权的瓦解以及 1991 年苏联的最终解体铺平了道路。这段历史仍然是意识形态和超级大国如何塑造世界历史进程的一个生动例子。

1944 年抵抗运动代表在日内瓦举行的秘密会议象征着欧洲历史上的一个关键时刻，在这一时刻，一个统一和平的欧洲的愿景开始形成。这些代表来自法国、丹麦、意大利、挪威、荷兰、波兰、捷克斯洛伐克、南斯拉夫，甚至还有德国。这次会议的主要目的是讨论战后欧洲的重建问题，同时也讨论欧洲统一这一更为宏大的构想。当时，人们普遍认为统一欧洲是确保欧洲大陆持久和平、避免重蹈 20 世纪上半叶毁灭性冲突覆辙的一种手段。在这方面，国际高等研究院发挥了重要作用。通过汇集来自欧洲各地的知识分子和政治难民，该学院已成为坚韧不拔和向往美好未来的象征。它是自由主义思想的论坛，也是讨论如何重建和团结因战争和压迫而四分五裂的欧洲的论坛。因此，这次日内瓦会议是欧洲一体化漫长进程中的重要一步。它反映了人们日益认识到需要跨越国界进行合作，以建设一个共同的未来。虽然统一欧洲的构想经过很长时间才得以实现，1951 年成立了欧洲煤钢共同体，后来又成立了欧洲经济共同体，但日内瓦会议迈出的这第一步对于为日后的欧洲联盟奠定基础至关重要。

1946 年温斯顿-丘吉尔发起的 "苏黎世呼吁 "是欧洲一体化历史上的决定性时刻。时任英国前首相的丘吉尔在苏黎世大学发表演讲，呼吁建立 "欧洲合众国"。这一大胆的想法是对第二次世界大战造成的破坏和分裂的回应。丘吉尔认为，欧洲统一是保证欧洲大陆和平与稳定的重要手段。丘吉尔强调法德和解作为欧洲统一基石的重要性。他还主张成立欧洲议会，这一想法是我们今天所知的欧洲机构的直接前身。尽管丘吉尔并未设想英国会成为这一联盟的组成部分，但他的演讲在激发关于欧洲未来的辩论方面产生了相当大的影响。

1947 年在蒙特勒举行的战后第一次大型欧洲政治会议上，人们感受到了这一呼吁的回声。这次大会汇集了各种政治和知识界人士以及民间社会的代表，为讨论和规划欧洲的未来提供了一个重要论坛。蒙特勒会议的讨论范围从经济合作到建立欧洲政治机构，反映出人们日益认识到欧洲大陆进一步一体化的必要性。这些活动为未来的欧洲一体化倡议奠定了基础。它们为 1950 年的《舒曼宣言》（该宣言提议成立欧洲安全与合作理事会）和 1957 年的《罗马条约》（该条约成立了欧洲经济共同体和欧洲原子能共同体）铺平了道路。因此，丘吉尔的苏黎世呼吁和蒙特勒大会在建立统一与和平欧洲的运动中发挥了关键作用，这一遗产继续影响着当今欧洲的政治和社会结构。

1948 年 5 月 8 日至 10 日举行的海牙大会是欧洲统一史上的一个重要里程碑。来自 19 个欧洲国家的约一千名代表参加了这次大会，它象征着在第二次世界大战的破坏之后，为重建和统一欧洲所做出的重大集体努力。从政治家、知识分子、工会成员到民间社会的代表，众多知名人士出席了大会。他们齐聚一堂，讨论和思考欧洲的未来，显示出对欧洲一体化日益增长的兴趣和承诺。然而，海牙大会也凸显了在如何实现欧洲统一问题上的深刻分歧。一方是联盟主义者，他们主张政府间合作，民族国家保留主权，同时就共同关心的问题开展合作。另一方面，联邦主义者支持将主权移交给超国家的欧洲结构，设想建立一个拥有实权的共同机构的更加一体化的欧洲。这些辩论反映了希望深化一体化与不愿放弃国家主权之间的矛盾。尽管存在这些分歧，海牙大会还是成功地汇集了各种声音和观点，标志着欧洲一体化向前迈出了重要一步。它促成了 1949 年欧洲委员会的成立，是欧洲政治合作的重要一步。

海牙大会为欧洲一体化的未来发展奠定了基础，如欧洲煤钢共同体的成立以及后来欧洲经济共同体的成立。尽管存在各种挑战和意见分歧，但它仍然是一个标志性事件，证明了建立一个团结与和平的欧洲的意愿和愿望。

1948 年海牙大会通过的政治决议标志着欧洲一体化进程进入了一个重要阶段，为一系列重要机构奠定了基础。战后时期的共同愿望是避免过去的恐怖，建立一个团结与和平的欧洲，这一愿望通过这些机构的建立得以实现。大会首次提议成立欧洲议会，这就是后来的欧洲委员会。欧洲委员会成立于 1949 年，即大会召开一年后，它代表了在欧洲大陆范围内开展政治合作的第一个具体倡议。其宗旨是促进欧洲的民主、人权和法治。该机构使成员国能够就超越国界的问题开展合作，建立了一个对话和联合行动的论坛。在人权领域，海牙大会在倡导制定人权宪章方面发挥了决定性作用。1953 年通过的《欧洲人权公约》使这一想法具体化。这份基本文件受到第二次世界大战和大屠杀悲剧的启发，为欧洲公民确立了一系列基本权利。该公约已成为欧洲人权法的核心支柱，体现了欧洲各国保护这些基本权利的承诺。此外，大会决议呼吁设立一个最高法院来执行《公约》，该法院后来被称为欧洲人权法院，总部设在斯特拉斯堡。该法院对欧洲的人权保护产生了重大影响，为权利受到侵犯的个人提供了重要的法律补救措施。它在解释和适用《公约》方面的作用对于确保会员国所作的承诺不会成为空头支票至关重要。海牙大会提出的这些倡议为塑造现代欧洲做出了重大贡献。它们不仅促进了欧洲各国之间更密切的合作，还为人权和民主治理制定了高标准。这些机构和原则反映了海牙会议的雄心和精神，体现了建立一个统一的欧洲、尊重所有人的权利和尊严的希望，这一遗产在今天的欧洲依然存在。

1948 年海牙大会是欧洲运动的催化剂，是推动统一欧洲理念的关键力量。从海牙大会中发展起来的欧洲运动是一个充满活力的联盟，由不同的政治、知识和民间社会人士组成，他们都致力于欧洲一体化。这一运动的行动对欧洲委员会的成立起到了决定性作用，是欧洲统一道路上的一项重大成就。这一运动的影响远远超出了大会本身。大会上讨论的观点和建议得到了当时有影响力的政治人物的响应。特别是法国外长罗伯特-舒曼和比利时外长保罗-亨利-斯帕克在复兴和推广这些思想方面发挥了关键作用。尤其是舒曼，由于他在推动欧洲一体化方面发挥的关键作用，经常被誉为欧洲的 "开国元勋 "之一。欧洲运动提出的一个重要建议是成立欧洲制宪大会。这一构想将来自各国议会的代表聚集在一起，为将部分主权从成员国转移到超国家的欧洲身份奠定基础。这一想法反映了超越传统的政府间合作框架的雄心壮志，设想了更深层次的一体化，包括分享主权和建立共同机构。

1949 年成立的欧洲委员会是实现这一愿景的第一步。尽管从严格意义上讲，欧洲委员会并不是一个制宪大会，但它为欧洲各国之间的合作与对话建立了一个重要的论坛。1950 年的《舒曼宣言》提出建立欧洲煤钢共同体，为后来的欧洲联盟拉开了序幕。因此，海牙大会产生的欧洲运动在落实指导欧洲一体化的思想和原则方面发挥了根本性的作用。它标志着一个历史性进程的开始，这一进程将欧洲从一个主权国家的联盟转变为一个为了欧洲的共同利益而分享主权的国家联盟。

1949 年 5 月 5 日欧洲委员会的成立标志着欧洲一体化进程迈出了历史性的一步。十个创始国在伦敦签署公约，成立了这一机构： 十个创始国是：法国、比利时、丹麦、爱尔兰、意大利、卢森堡、荷兰、挪威、瑞典和英国。选择法国斯特拉斯堡作为欧洲委员会的所在地极具象征意义，反映了德国和法国在 20 世纪初毁灭性冲突之后和解的愿望。斯特拉斯堡地处法德边境，历史上法国和德国交替行使主权，选择斯特拉斯堡体现了为欧洲设想的合作与团结的新时代。欧洲委员会的主要目标是促进欧洲的民主、人权和法治，这些原则是确保欧洲大陆持久和平的根本。欧洲委员会的与众不同之处在于其政府间合作的方式，将成员国政府的代表聚集在一起。这与欧洲煤钢共同体（ECSC）和欧洲经济共同体（EEC）后来提出的超国家结构形成了鲜明对比，这两个组织最终导致了欧洲联盟的诞生。欧洲委员会的成立是整个欧洲的一个重要里程碑，为战后欧洲各国之间的合作建立了框架。它为在共同价值观和相互尊重的基础上建立一个统一的欧洲奠定了基础，这些原则至今仍在指导着欧洲。1950 年在理事会主持下签署的《欧洲人权公约》强化了这一使命，为在整个欧洲大陆保护和促进人权提供了一个机制。

自 1949 年成立以来，欧洲委员会发生了巨大变化，除白俄罗斯和科索沃外，几乎囊括了欧洲大陆的所有国家。这种扩大反映了欧洲委员会作为一个致力于促进欧洲合作与团结的组织所发挥的日益重要的作用。作为一个政府间组织，欧洲委员会的工作重点是成员国政府之间在一系列对欧洲社会和文化福祉至关重要的领域开展合作。这些领域包括文化、社会问题、卫生、教育和环境。其主要目标是促进和捍卫人权、民主和法治等基本原则，同时努力提高欧洲公民的生活质量，促进文化多样性。

欧洲委员会在文化领域的工作旨在加强欧洲的文化遗产，促进相互理解和文化多样性。在社会和卫生领域，欧洲委员会努力促进社会保护，消除不平等现象，保障人们获得优质医疗服务。在教育领域，欧洲委员会致力于改善教育系统和促进终身学习。在环境方面，欧洲委员会致力于促进可持续性，保护欧洲的自然资源和生物多样性。因此，欧洲委员会在制定影响欧洲公民日常生活的政策和标准方面发挥着关键作用。欧洲委员会有能力将各国团结在共同的价值观和目标周围，这使其成为欧洲大陆合作与团结的重要力量。欧洲委员会虽然有别于欧洲联盟，但通过关注更广泛的合作和共同价值观，补充和加强了欧洲一体化的努力。

作为一个致力于促进人权、民主和法治的政府间组织，欧洲委员会通过一些关键机构开展工作，确保其顺利运作和目标的实现。协商和议会大会是这一结构的核心，作为审议机构发挥着至关重要的作用。协商和议会大会由成员国国家议会的代表组成，体现了欧洲民主的多样性。以瑞士为例：虽然瑞士人口较少，但却拥有六个席位，其中包括四名国家议员和两名州议员。这种代表性确保了即使是较小的国家也能在审议中发表意见，体现了成员国之间的公平原则。议会大会讨论影响非洲大陆的关键问题，从人权到一系列社会和文化问题，并提出建议。部长理事会是欧洲委员会的政府间机构。它由各国外交部长或其常驻代表组成，负责代表理事会做出决定。理事会在制定理事会的政策和重大举措方面发挥着决定性作用，确保所采取的行动符合本组织的目标和价值观。最后，秘书处由议会根据部长理事会的建议选举产生的秘书长领导，负责理事会活动的日常管理和实施。秘书处在确保理事会运作的连续性和有效性、协调计划、筹备会议以及帮助落实其他机构的政策和决定方面发挥着至关重要的作用。通过共同努力，这些机构使欧洲委员会能够履行其使命，促进欧洲各国之间的合作，推动作为欧洲特性核心的基本原则。它们确保欧洲委员会继续在欧洲政治和社会领域发挥关键作用，有效应对当代挑战，同时忠实于其创始价值观。

不可否认，欧洲委员会在整个欧洲大陆传播民主价值观和尊重人权方面发挥了重要作用。自 1949 年成立以来，该组织一直站在促进和保护这些基本原则的最前沿，在确立整个欧洲的民主标准和实践方面发挥着至关重要的作用。1950 年通过并由欧洲委员会实施的《欧洲人权公约》是一个重要的里程碑。该条约不仅为成员国的所有公民确立了一系列基本权利，还建立了包括欧洲人权法院在内的监督和执行机制。该法院设在斯特拉斯堡，允许个人对其指控侵犯《公约》所载权利的成员国提出申诉。这种可能性是人权法律保护方面的一大进步。除人权工作外，欧洲委员会还在促进民主和法治方面发挥了关键作用。该组织帮助转型期国家，特别是苏联解体后的转型期国家，建立民主体制，实施政治和司法改革。它的努力有助于建立更加开放和透明的社会，使民主原则得到尊重和促进。欧洲委员会在促进文化多样性和民主公民教育方面也发挥了重要作用。通过各种计划和倡议，欧洲委员会鼓励文化间对话，帮助提高人们对民主和人权在日常生活中的重要性的认识。

自成立以来，欧洲委员会的主要任务一直是制定公约和协定，以形成和统一整个欧洲的政策和法律实践。欧洲委员会成员国于 1950 年签署并于 1953 年生效的《欧洲人权公约》就是这方面最重要和最有影响力的例子之一。该公约标志着欧洲保护人权的一个转折点。欧洲人权公约》代表了成员国尊重其公民基本权利和自由的具有法律约束力的承诺。它列出了一系列广泛的权利，包括生命权、公平审判权、言论自由、禁止酷刑和不人道或有辱人格的待遇等。这份文件不仅因其内容而引人注目，还因其执行机制--欧洲人权法院--而引人注目。

根据《公约》设立的该法院使个人能够对成员国侵犯其权利的行为提出质疑。公民有可能直接向国际法院提出申诉，这在当时具有革命性意义，并一直是欧洲人权架构的关键要素。法院的裁决对成员国的法律政策和实践产生了深远影响，往往导致国家立法和司法实践的重大变革。除《欧洲人权公约》外，欧洲委员会还在环境保护、打击犯罪、促进文化多样性和教育等不同领域制定了许多其他公约和协定。这些文书对于协调整个欧洲大陆的标准和政策至关重要，有助于围绕共同的价值观和目标建立一个更加一体化的欧洲。

欧洲人权公约》于 1950 年通过，1953 年生效，是国际关系和人权保护领域的一 个革命性步骤。该公约引入了创新概念，重新定义了在国际层面看待和保护个人权利的方式。该公约最具创新性的一个方面是明确承认个人权利必须高于国家权力。这标志着传统的国际关系方式发生了根本性的转变，在传统的国际关系中，主权和国家利益往往占据主导地位。公约》明确规定，不能以国家利益的名义无视或侵犯人权。此外，《公约》还促成了欧洲人权法院的成立，这是一个负责确保成员国所做承诺得到遵守的司法机构。法院有权对侵犯《公约》所载权利的国家做出具有法律约束力的判决。1979 年 Marckx 诉比利时等著名案件可以说明法院的重要性，法院在这些案件中裁定比利时民法典的某些条款侵犯了尊重家庭生活的权利。

公约》还规定会员国有法律义务尊重《公约》规定的权利。这种约束力迫使各国政府调整其立法和做法，以符合《公约》规定的标准。这导致一些国家进行了重大改革，确保在整个欧洲更好地保护人权。最后，《公约》最重要的贡献之一是允许个人对会员国侵犯《公约》所规定权利的行 为提出申诉。这一规定为公民提供了直接的补救措施，使他们能够在国际机构面前对其政府的行为提出质疑。这对于加强人权的实施和给予个人维护其权利的具体手段至关重要。

= 欧洲防止酷刑和不人道或有辱人格待遇或处罚公约 = 
自第二次世界大战结束以来，国际社会通过了大量旨在禁止和谴责酷刑的法律文本。这一运动反映出全球日益认识到保护基本人权和防止虐待的必要性。 

联合国大会于 1948 年通过的《世界人权宣言》是其中最早也是最重要的文本之一。该宣言第 5 条明确规定，"任何人不得加以酷刑，或施以残忍的、不人道的或侮辱性的待遇或刑罚"。尽管该宣言不是一项具有法律约束力的条约，但它确立了一项国际标准，并成为许多其他国际条约和法律的基础。另一项重要文书是联合国于 1984 年通过并于 1987 年生效的《禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约》。该条约规定缔约国有法律义务采取有效措施防止在其领土上发生酷刑，并绝对禁止在任何情况下使用酷刑。该条约还规定设立一个委员会来监督公约的执行情况，并提供了审查个人申诉的机制。在欧洲，上述《欧洲人权公约》第 3 条也禁止酷刑，该条规定任何人不得遭受酷刑或不人道或有辱人格的待遇。欧洲人权法院的判例法为界定和打击酷刑做出了重大贡献，在个别案件中确立了重要的先例。这些文本和其他文本是全球法律和公约网络的一部分，共同致力于消除酷刑。它们的通过和实施反映了国际社会对保护人类尊严、打击虐待和不人道待遇的持续承诺。

欧洲防止酷刑和不人道或有辱人格待遇或处罚公约》是欧洲打击酷刑的重要文书。该公约于 1987 年通过，承认任何人不得遭受酷刑或不人道或有辱人格的待遇，从而加强了会员国在《欧洲人权公约》中所作的承诺。该公约的一个显著特点是强调预防机制。许多国际文书侧重于禁止酷刑并提供事后补救手段，而《欧洲防止酷刑公约》则更进一步，建立了一个积极主动的监测系统。这种预防性方法至关重要，因为它旨在从根本上解决酷刑问题，从一开始就防止侵权行为的发生。

公约》设立了欧洲防止酷刑委员会（CPT），该机构有权访问成员国的任何拘留场所，无论是监狱、警察局、移民拘留中心还是其他剥夺人们自由的场所。欧洲防止酷刑委员会可以在不事先通知的情况下进行此类访问，这对于适当评估拘留条件和当局的做法至关重要。这种监督和预防方法是对事后控制机制的补充，如欧洲人权法院提供的机制。通过将预防措施和事后补救措施相结合，《欧洲防止酷刑公约》有助于为打击酷刑和不人道或有辱人格的待遇建立一个更加健全和有效的框架。

欧洲防止酷刑和不人道或有辱人格待遇或处罚公约》的起源与日内瓦银行家让-雅克-戈蒂埃的倡议和承诺密切相关。让-雅克-戈蒂埃生于 1912 年，逝世于 1988 年，他不仅是一位金融专业人士，也是一位深切关注人权和人的尊严的人道主义者。他之所以提议制定一项以防止酷刑为重点的公约，是因为他深信，作为一名银行家，他对社会负有超越其职业活动的责任。戈蒂埃坚信，防止酷刑和保护人权不仅是政府和律师的职责，也是每个公民的责任。戈蒂埃深信需要采取积极主动的措施来防止酷刑，因此他建议成立一个独立机构，有权视察拘留场所，监督拘留条件并防止虐待行为。这一想法在当时具有革命性意义，因为它引入了预防性监督和干预的概念，与主要侧重于在侵犯人权行为发生后进行法律补救的传统方法形成了鲜明对比。戈蒂埃的承诺和努力最终取得了成果，1987 年《欧洲防止酷刑公约》获得通过。他的远见卓识促成了欧洲防止酷刑委员会（CPT）的成立，该机构在欧洲监督拘留场所和防止酷刑方面发挥着至关重要的作用。让-雅克-戈蒂埃在保护人权方面的贡献是一个杰出的例子，说明了一个有奉献精神的人能够对国际政策和实践产生的影响。让-雅克-戈蒂埃的遗产在欧洲防止酷刑委员会和《公约》的持续工作中得以延续，证明了个人行动在促进社会和法律变革方面的重要性。

让-雅克-戈蒂埃提出的创新想法涉及建立一个对所有拘留场所进行查访的制度，目的是确保有效监督和主动打击酷刑，即事前而不是事后。这一建议标志着在处理监狱系统和其他拘留形式中的酷刑和虐待问题方面的一个重要转折点。戈蒂埃认为，为了有效防止酷刑，有必要超越仅在报告或发现侵犯人权行为后才启动的被动法律措施。因此，他呼吁建立一个独立的预防机制，能够对拘留场所进行定期、突击访问。其目的是监测拘留条件，确保被拘留者的权利得到尊重，以防止任何形式的酷刑或虐待。

这种未雨绸缪的做法具有革命性意义，因为它能够在问题升级为严重侵犯人权行为之前发现并解决。戈蒂埃的提议促成了根据《欧洲防止酷刑和不人道或有辱人格待遇或处罚公约》成立欧洲防止酷刑委员会（CPT）。欧洲防止酷刑委员会有权访问欧洲委员会成员国的所有拘留场所，包括监狱、警察局、移民拘留中心和精神病院。戈蒂埃的倡议和欧洲防止酷刑委员会的成立对欧洲保护被剥夺自由者权利的方式产生了重大影响。这种预防性方法得到了广泛认可，并被誉为在打击酷刑和虐待方面迈出的重要一步，从根本上改变了国际上处理这些问题的方式。

让-雅克-戈蒂埃（Jean-Jacques Gautier）提出的对拘留场所进行主动监督的建议首先在国际层面，特别是在联合国得到响应，并以议定书的形式出现。这一发展是一个委员会和一个瑞士律师委员会辛勤工作的结果，他们起草了议定书的最初文本。1980 年 3 月，哥斯达黎加发挥了关键作用，正式向联合国人权委员会提交了议定书。不幸的是，这一过程遇到了障碍，议定书文本遭到了否决，从而引发了一场全欧洲的动员，以落实戈蒂埃的想法。这次动员凸显了各国和国际组织对保护人权和打击酷刑的日益重视。面对这些挑战，欧洲委员会大会采取了果断行动。由于认识到戈蒂埃提案的价值和重要性，欧洲委员会大会通过了一项关于酷刑的建议。该建议附有让-雅克-戈蒂埃及其委员会和国际法学家委员会起草的公约草案。欧洲委员会大会的这一行动是朝着实现戈蒂埃的设想迈出的重要一步，强调了在反对酷刑的斗争中采取积极主动和预防性方法的必要性。这项建议和公约草案附件的通过最终促成了《欧洲防止酷刑和不人道或有辱人格待遇或处罚公约》的制定。这一过程说明，在改善人权的集体承诺的支持下，个人倡议如何能够在国际层面带来重大而持久的变革。戈蒂埃提案的影响及其转化为欧洲公约的过程是欧洲及其他地区人权保护史上的一个重要里程碑。

在让-雅克-戈蒂埃提案的启发下，《欧洲防止酷刑和不人道或有辱人格待遇或处罚公约》的批准之路经历了长达四年的深入讨论和谈判。这些努力最终促成了 1987 年 11 月 26 日公约的签署。继这一成功之后，公约于 1988 年获得批准，并于 1989 年 2 月 1 日正式生效。该公约最重要的成果之一是成立了欧洲防止酷刑委员会（CPT）。该委员会被赋予在欧洲委员会成员国中防止酷刑的重要任务。它的成立标志着欧洲在打击酷刑和虐待方面向前迈出了一大步。欧洲防止酷刑委员会有权查访所有拘留场所，包括监狱、警察局、移民拘留中心、精神病院和任何其他关押被剥夺自由者的场所。这些访问的目的是通过评估拘留条件并就如何改善这些条件向会员国提出建议，防止酷刑和其他形式的虐待。

欧洲防止酷刑委员会的工作基于与会员国合作的原则。委员会与各国政府开展建设性对话，找出不足之处并提出解决方案。这些互动旨在加强现有的保护机制，确保人权在各种形式的拘留中得到尊重。因此，《公约》的生效和欧洲防止酷刑委员会的成立是欧洲保护人权工作的一个转折点。这一举措表明，积极预防和定期监测对于确保遵守国际人权标准和促进所有被剥夺自由者享有有尊严的生活条件十分重要。

欧洲防止酷刑委员会（CPT）是根据《欧洲防止酷刑和不人道或有辱人格的待遇或处罚公约》成立的，由挑选出的正直和独立的专家组成。他们在欧洲监督和预防酷刑和虐待方面发挥着至关重要的作用。这些专家的任务是访问所有剥夺人们自由的场所，如监狱、警察局、精神病院和其他类型的拘留场所。访问的目的是评估拘留条件，确保被拘留者的权利得到尊重。

每次查访后，欧洲防止酷刑委员会都会编写一份详细报告，并提交给相关国家。该报告载有旨在改善拘留条件和加强保护被剥夺自由者权利的具体建议。这些建议的依据是欧洲防止酷刑委员会专家在访问期间提出的意见和调查结果。如果会员国拒绝考虑欧洲防止酷刑委员会的建议或就建议采取行动，委员会可以选择公布报告。这一宣传措施旨在通过动员公众舆论和引起对拘留条件的关注，向有关国家施加压力。这是促进透明度和问责制的有效途径。

必须指出，欧洲防止酷刑委员会的活动仅限于已批准《欧洲防止酷刑公约》的国家。这意味着只有这些国家才能接受其检查和建议。与此同时，红十字国际委员会（ICRC）也发挥着类似但不同的作用，其工作重点是武装冲突中的战俘和拘留条件。根据《日内瓦公约》，红十字国际委员会还致力于促进尊重被拘留者的权利，并在武装冲突中的拘留条件违反国际标准时利用宣传作为施加压力的手段。这些监督和建议机制，无论是由欧洲防止酷刑委员会还是由红十字国际委员会行使，对于确保世界各地的拘留场所尊重人权和防止酷刑和虐待都是至关重要的。

= 欧洲联盟 =

[[Image:Bundesarchiv B 145 Bild-F001192-0003, Bonn, Besuch Jean Monnet, Konrad Adenauer.jpg|thumb|1953 年，让-莫内（左）与康拉德-阿登纳。]]

Jean Monnet, born in Cognac in 1888, is a key figure in the history of European integration and is often regarded as one of the "founding fathers" of the European Union. His career before the Second World War was marked by a number of important positions both within the French government and internationally, notably at the League of Nations, where he gained valuable experience of international cooperation. 

After the Second World War, France was in a precarious economic and industrial situation, requiring urgent reconstruction and modernisation. Recognising Monnet's skills and experience, General Charles de Gaulle, leader of Free France during the war and a key figure in the post-war period, called on him to take up the post of Planning Commissioner. In this role, Monnet was tasked with leading an ambitious programme of industrialisation and economic modernisation, essential to France's post-war reconstruction. The Plan Monnet, as it is often called, played a crucial role in revitalising the French economy. It focused on modernising key sectors of industry, notably steel and energy, and laid the foundations for the country's future economic growth. The plan also served as a model for similar programmes in other European countries, contributing to the economic reconstruction of Europe as a whole.

Beyond his achievements in France, Jean Monnet is best known for his role in promoting European integration. He was an ardent defender of European unity, convinced that economic and political cooperation between European nations was essential to ensure peace and prosperity on the continent. His ideas and leadership were fundamental to the creation of the European Coal and Steel Community (ECSC) in 1951, a major step towards the formation of the European Union as we know it today. Jean Monnet is therefore an emblematic figure not only for his role in the post-war reconstruction of France, but also as a visionary of European unification, whose legacy continues to influence European politics and economics.

The federalist approach in Europe, particularly in the context of the movement for European integration, has faced significant challenges, particularly in relation to the issue of state sovereignty. Proponents of European federalism have argued for a deeper integration of European states, envisaging the creation of a supranational entity with its own powers and competences, going beyond the framework of traditional intergovernmental cooperation. However, this vision has come up against the reluctance of many states to cede a significant part of their sovereignty to a European institution. National sovereignty is a fundamental principle of international order, representing the autonomy and independence of a state in the management of its internal and external affairs. For many countries, the idea of transferring part of this sovereignty to a supranational authority was seen as a threat to their autonomy and national identity.

As a result, although the federalist idea resonated with some visionaries and campaigners for European integration, such as Jean Monnet, it met with considerable resistance from those who preferred a confederal or intergovernmental approach. In a confederal model, Member States retain their sovereignty while cooperating on issues of common interest. This approach is less integrative than federalism and allows Member States to maintain more direct control over policies and decisions taken at European level. This tension between federalism and confederalism has shaped the evolution of European integration. Although the European Union has gradually developed certain aspects of a supranational entity, notably with the establishment of common institutions and the implementation of integrated policies in certain areas, the issue of national sovereignty remains a subject of constant debate and negotiation. Intergovernmental cooperation, rather than full federal integration, continues to be a central pillar of the EU's organisation and operation.

The strategy adopted by Jean Monnet to overcome the obstacles to European integration linked to the issue of State sovereignty was characterised by a pragmatic sectoral approach. Aware of the reluctance of States to cede a significant part of their sovereignty, Monnet proposed a method that consisted of placing certain key sectors of the economy under a supranational European authority. This idea was presented to the French Foreign Minister, Robert Schuman, and eventually led to the Schuman Declaration in 1950, a defining moment in the creation of what was to become the European Union. Monnet's approach was not to confront nationalism directly or to challenge state sovereignty head-on. Instead, he aimed to create an "integrating virus" in Europe, starting with integration in specific areas where the benefits of cooperation were clear and where sovereignty issues were less sensitive. The idea was that, by sharing sovereignty in limited but strategic areas, Member States could see the tangible benefits of integration and would gradually be encouraged to extend this cooperation to other sectors. This strategy was implemented for the first time in the coal and steel sector. The European Coal and Steel Community (ECSC), created by the Treaty of Paris in 1951, was the first example of this type of sectoral integration. By placing these essential industries under a common authority, Monnet sought to create de facto solidarity between the Member States, thereby strengthening peace and economic cooperation. The success of the ECSC laid the foundations for future integration initiatives, such as the creation of the European Economic Community (EEC) and the European Atomic Energy Community (Euratom) by the Treaties of Rome in 1957. These initiatives gradually extended the scope of European integration beyond coal and steel, eventually leading to the European Union as we know it today.

Schuman's vision was to bring coal and steel production under common European control. This approach aimed to create sectoral integration in these specific industrial areas, which were essential to the economy of the time. By targeting these sectors, Monnet sought to circumvent nationalist opposition by avoiding tackling directly the more sensitive issues of national sovereignty. Coal and steel production was a strategic choice for several reasons. Firstly, these industries were vital to the economy and military capacity of European countries, so placing them under common management reduced the risk of future conflict. Secondly, these sectors were fundamental to economic reconstruction after the Second World War, and their coordinated management could promote economic recovery and stability in Europe. The establishment of the European Coal and Steel Community (ECSC) in 1951, which grew out of this idea, is often seen as the first concrete step towards European integration. By pooling control over these essential resources, the ECSC member countries not only strengthened their economies, but also laid the foundations for the political and economic cooperation that was to become the European Union. This sectoral integration was therefore an ingenious way of starting to unite the countries of Europe. It overcame resistance to national sovereignty, emphasising the practical and economic benefits of cooperation, while setting a precedent for deeper integration in other areas. This strategy not only facilitated economic cooperation, but also helped to build lasting peace in Europe by linking the interests of nations in an inseparable way.

The creation of the European Coal and Steel Community (ECSC) in April 1951, which came into force in 1952, represents a historic milestone in the process of European integration. The treaty establishing the ECSC was signed by six European countries: Germany, France, the three Benelux countries (Belgium, the Netherlands, Luxembourg) and Italy. This initiative marked the beginning of a new era of European cooperation, geared towards peace and economic prosperity. The ECSC was unique in that it was governed by a supranational High Authority, a feature that clearly distinguished this organisation from other forms of international cooperation at the time. The High Authority was composed of a college of senior civil servants who were independent of the governments of the Member States. This independence was essential to ensure that the decisions taken by the ECSC were geared towards the common interests of the European community as a whole, rather than individual national interests.

Jean Monnet, as the first President of the ECSC High Authority, played a key role in guiding and implementing this new form of cooperation. Under his leadership, the ECSC succeeded in integrating the coal and steel sectors of the member countries, creating not only a common market for these products, but also laying the foundations for further economic and political integration in Europe. The ECSC was a successful experiment in sectoral integration and served as a model for future European initiatives. It demonstrated that supranational cooperation, with institutions endowed with real powers beyond national borders, could be achieved and was beneficial to the participating countries. This experience paved the way for the creation of the European Economic Community (EEC) and the European Atomic Energy Community (Euratom) by the Treaties of Rome in 1957, marking further steps towards the European integration we know today in the form of the European Union.

The European Coal and Steel Community (ECSC), which was established in April 1951 and came into force in 1952, represented a major institutional innovation in the process of European integration. Its structure was designed to effectively manage the pooling of the coal and steel resources of the six founding Member States: Germany, France, Italy and the three Benelux countries (Belgium, the Netherlands and Luxembourg). At the heart of this structure was the High Authority, a supranational executive body responsible for the day-to-day management of the ECSC. The High Authority had the power to take important decisions concerning the management of the coal and steel industries and to make binding recommendations to the Member States. This supranational approach was revolutionary at the time, as it transcended national borders and placed the common European interest above individual national interests. The Special Council of Ministers, made up of representatives of the governments of the Member States, worked closely with the High Authority. This council played a supervisory role and ensured that the decisions taken respected the interests and concerns of the member states. It acted as a bridge between the ECSC's supranational ambitions and national political realities. At the same time, the Consultative Assembly, made up of deputies from the parliaments of the six Member States, added a democratic dimension to the ECSC. Although its role was mainly consultative, it provided an essential forum for debate and reflection on the policies and actions of the High Authority and the Council of Ministers. Finally, the ECSC Court of Justice played a crucial role in ensuring compliance with and correct interpretation of the ECSC Treaty. It settled disputes between Member States, companies and ECSC institutions, thus guaranteeing the uniform and fair application of Community law. This institutional framework of the ECSC was not only innovative for its time, but also laid the foundations for the future development of the European institutions. The ECSC showed that supranational cooperation in specific areas of the economy was not only possible, but could also be beneficial to the participating countries. Its success paved the way for wider integration initiatives, ultimately culminating in the creation of the European Union.

Following the success of sectoral integration with the European Coal and Steel Community (ECSC), Europe pursued its integration efforts with two major initiatives. The first was the creation of a European Defence Community (EDC), an attempt to integrate the armed forces of the Member States. However, this initiative failed in 1954, mainly due to the opposition of the French parliament, which refused to ratify the treaty. The EDC was an ambitious proposal to establish a common European army, but the idea raised considerable concerns, particularly in terms of national sovereignty and security. The second and more successful initiative was the creation of the European Economic Community (EEC), also known as the 'common market'. The treaty establishing the EEC was signed in Rome in 1957 by six European countries: France, Germany, Italy and the three Benelux countries. The treaty, which came into force in 1958, aimed to deepen economic integration between the Member States through the establishment of a customs union and the implementation of a common agricultural policy. The EEC marked a significant step towards fuller integration in Europe, going beyond sectoral cooperation to embrace a broader vision of economic integration.

Over time, the EEC has changed and evolved. The Maastricht Treaty, signed in 1992, was a decisive moment in this evolution, transforming the EEC into the European Union (EU). The EU introduced new forms of cooperation, notably in the fields of foreign policy and security, as well as the creation of a single currency, the euro. Other treaties have followed, modifying and enlarging the EU framework, the most recent being the Treaty of Lisbon, signed in 2007 and which came into force in 2009. This treaty made significant changes to the EU's institutional structures and strengthened its role on the international stage. The history of European integration is thus marked by a series of ambitious initiatives, some successful, some not, but all aimed at strengthening cooperation and unity between European countries. From the sectoral integration of the ECSC to the creation of the European Union, each stage has helped to shape the European continent as we know it today.

To achieve the goal of creating a single market, the Member States of the European Economic Community (EEC), and later the European Union (EU), undertook a number of key initiatives. The cornerstone of these efforts was the development of a customs union, which involved the elimination of customs duties on goods moving between Member States, as well as the establishment of a common external tariff vis-à-vis third countries. This measure was essential in facilitating free trade within the Community. In addition to the free movement of goods, the European Union has also worked towards the free movement of services and people. The free movement of people has become one of the fundamental principles of the EU, allowing citizens of Member States to travel, work and live in other Member States without the usual restrictions at national borders. This mobility has not only strengthened economic and cultural ties between Member States, but has also contributed to greater social and political integration. At the same time, the EU has sought to harmonise Member States' economic policies to ensure that the single market functions smoothly. This has included the coordination of monetary and fiscal policies, as well as the establishment of common policies in areas such as agriculture and fisheries, known as the Common Agricultural Policy (CAP) and the Common Fisheries Policy (CFP). Another crucial aspect of the single market has been the protection of free competition. The EU has established strict rules to prevent anti-competitive practices such as cartels, abuses of dominant positions and state aid that are incompatible with the internal market. These rules are designed to ensure a level playing field for businesses and protect the interests of consumers. The development of a single market in Europe has been a complex and multi-dimensional process, involving the establishment of a customs union, the free movement of goods, services and people, the harmonisation of economic policies, and the protection of free competition. These measures have contributed significantly to economic growth and European integration, making the EU one of the largest and most prosperous economic areas in the world.

The European Union (EU) has a complex institutional structure, reflecting the diversity and wealth of its Member States. At the heart of this structure are two key institutions: the European Parliament and the Council of the European Union, each playing a distinct role in the governance of the EU.

Since the first direct elections in 1979, the European Parliament has become a key player in the EU's legislative process. Members of the Parliament are elected directly by the citizens of the Member States, giving the institution direct democratic legitimacy. Although the Parliament was not originally the main legislator, over time it has acquired co-legislative powers, sharing legislative responsibilities with the Council of the EU. In addition to its legislative role, the Parliament holds considerable budgetary power and exercises democratic control over the other EU institutions, including the European Commission. The Parliament also plays a role in electing the President of the European Commission, a post held by Jean-Claude Juncker until 2019 and now by Ursula von der Leyen. On the other hand, the Council of the European Union, made up of ministerial representatives from each Member State, is a key body in EU decision-making. Each representative on the Council is empowered to commit his or her government, which ensures that national interests are taken into account in EU decisions. The Council works closely with the European Parliament in drafting EU legislation. It also plays a crucial role in defining the EU's common foreign and security policy. The European Council, chaired by Donald Tusk until 2019 and currently by Charles Michel, brings together the heads of state or government of the Member States and is responsible for defining the EU's general political guidelines.

These two institutions, the European Parliament and the Council of the EU, illustrate the unique nature of the European Union, an entity in which the national sovereignty of the Member States is combined with elements of supranational governance. This combination of shared sovereignty and democratic representation is at the heart of the EU's original sectoral approach, which has evolved to encompass broader integration in areas such as economics, politics and legislation. The EU's institutional structure continues to evolve in response to the challenges and opportunities facing the European continent.

Since the departure of Jean-Claude Juncker, the Presidency of the European Commission has been taken over by Ursula von der Leyen, who takes office in December 2019. Under her leadership, the European Commission continues to function as the executive of the European Union, playing a central role in the development and implementation of EU policies. The Commission, made up of one Commissioner from each EU Member State, reflects the diversity of the member countries and represents the interests of the Union as a whole. Each Commissioner is responsible for a specific policy area, and the entire team of Commissioners is ratified by the European Parliament, thus guaranteeing democratic legitimacy and balanced representation of the different Member States. One of the European Commission's main roles is to propose legislation and submit it to the Council of the EU and the European Parliament for consideration and adoption. As the body that holds the legislative initiative in most areas of EU competence, the Commission is a key player in setting the Union's political and legislative agenda. Under the Lisbon Treaty, the post of High Representative of the Union for Foreign Affairs and Security Policy, responsible for coordinating the EU's common foreign and security policy, is a crucial part of the Commission. This role has been assumed by Josep Borrell since 2019, succeeding Federica Mogherini. With an administration of around 25,000 officials, the European Commission is equipped to handle a wide range of responsibilities, from economic policy to the management of external affairs. Under the presidency of Ursula von der Leyen, the Commission is committed to tackling the EU's contemporary challenges, such as the climate crisis, the digital transformation, the management of the COVID-19 pandemic, and the Union's economic and social stability.

The Court of Justice of the European Union (CJEU), located in Luxembourg, plays a crucial role in the Union's legal system by ensuring the uniform and correct application of European legislation. This institution is essential to ensure that EU laws are interpreted and applied in the same way in each Member State, thereby ensuring legal consistency and legality throughout the Union. The CJEU is made up of two main courts: the Court of Justice itself and the General Court (formerly known as the Court of First Instance of the European Communities). The Court of Justice is the highest court and deals mainly with cases brought by the Member States, the EU institutions and, in some cases, references for preliminary rulings from national courts. The Court deals mainly with cases brought by individuals, companies and certain organisations, dealing with issues such as competition, state aid, trade, agriculture and trademarks.

The judges of the CJEU are appointed by common accord of the governments of the Member States. Each EU Member State is represented by a judge on the Court of Justice and the General Court, thus ensuring a balanced representation of all Member States' legal traditions. Judges are chosen from among lawyers of the highest qualifications and are independent in the performance of their duties, contributing to the impartiality and effectiveness of European justice. The mandate of the CJEU is to ensure that EU law is interpreted and applied in the same way in all Member States, which is crucial for the smooth functioning of the single market. It also plays an important role in protecting the rights of EU citizens, ensuring that European laws respect the EU Treaties and fundamental principles such as human rights and fundamental freedoms. By dealing with disputes between Member States, EU institutions and individuals, the CJEU makes a significant contribution to European integration and respect for the rule of law within the Union.

European Union (EU) law is made up of various legislative sources which together form the regulatory framework governing relations between the Member States. At the heart of this legal system are the EU's founding treaties, such as the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). These treaties, drawn up at key moments in the EU's history, such as the Maastricht Treaty in 1992 and the Lisbon Treaty in 2007, define the principles and structure of the Union. In addition to the treaties, EU law includes regulations, which are legislative acts directly applicable in all Member States. Regulations are binding and general in nature and do not need to be transposed into national law. For example, the General Data Protection Regulation (GDPR), adopted in 2016, has applied directly in all Member States since 2018, harmonising personal data protection rules across the EU. Directives, on the other hand, are binding on Member States as to the objectives to be achieved, while leaving them free to choose the means of achieving them. These acts must be transposed into national law. The Payment Services Directive (PSD2), for example, adopted in 2015, has been transposed into national legislation to modernise and secure electronic payments in the EU. EU decisions are acts that are binding on their specific addressees. These addressees may be Member States, companies or individuals. Decisions are often used for specific cases, as in the European Commission's decisions on state aid. In addition to these binding instruments, the EU also uses recommendations and opinions. Although non-binding, they are important in guiding Member States' actions. Recommendations suggest actions, while opinions express the EU's opinion on specific subjects. The EU's legal framework is complemented by the case law of the Court of Justice of the European Union, based in Luxembourg. The Court ensures the uniform interpretation and application of EU law, thereby contributing to European integration and cooperation. This unique legislative structure enables the EU to function effectively and pursue its political and economic objectives while maintaining a harmonious legal order within its Member States.

= The European Free Trade Association and the European Economic Area =

[[Fichier:EFTA logo.png|100px|cadre|droite]]

The European Free Trade Association (EFTA) and the European Economic Area (EEA) represent two important initiatives in the context of European economic integration, but are distinct from the European Union (EU). EFTA was founded in 1960, partly as a reaction to the creation of the European Economic Community (EEC), the forerunner of today's EU. The founding countries of EFTA were the United Kingdom, Denmark, Austria, Portugal, Sweden, Norway and Switzerland. EFTA's main objective was to promote free trade and economic integration between its members, without engaging in the same degree of political and economic integration as the EEC.

EFTA enabled its members to benefit from the free movement of goods between them, while retaining their political and economic independence. Over time, however, several EFTA members chose to join the EU. The UK and Denmark, for example, left EFTA to become members of the EU in 1973.

The European Economic Area, meanwhile, was established in 1994 to enable close cooperation between EU countries and those EFTA countries that are not members of the EU (with the exception of Switzerland). The EEA extends the EU's internal market to the participating EFTA countries, allowing the free movement of goods, services, capital and people. Although the EEA countries are not members of the EU and do not have voting rights in the EU institutions, they are obliged to comply with much of its legislation, particularly in relation to the internal market. So, although EFTA and EEA are distinct from the EU, they represent important efforts at economic integration in Europe. These initiatives illustrate the different paths that European countries have taken in their quest for economic integration, reflecting varying degrees of desire for political integration.

The European Free Trade Association (EFTA) was created on 4 July 1960, with the aim of forming a European organisation promoting free trade, in contrast to the European Economic Community (EEC), which focused more on deeper sectoral and economic integration. EFTA was founded by the United Kingdom, Denmark, Norway, Sweden, Switzerland, Portugal and Austria. EFTA's main objective was to promote trade and economic cooperation between its members without engaging in the deep political and economic integration proposed by the EEC. The organisation enabled its members to enjoy the benefits of free trade while retaining greater independence from the more integrated structure of the EEC.

Over time, other countries joined EFTA. Finland, Iceland and Liechtenstein became members, broadening the scope of the organisation. However, with the enlargement of the EEC and the subsequent transition to the European Union (EU), several EFTA members, including the UK and Denmark, chose to leave EFTA to join the EU, seeking deeper and wider integration than that offered by EFTA. Despite these changes, EFTA continues to exist today, although its role and composition have evolved. It functions primarily as a trading bloc for its members, facilitating free trade and serving as a platform for economic cooperation. EFTA also played a key role in the establishment of the European Economic Area (EEA), an initiative that enables close cooperation between EU and EFTA countries, extending the EU's internal market to EFTA members, with the exception of Switzerland.

The European Free Trade Association (EFTA) Council plays a crucial role as the organisation's governing body. It is made up of representatives from each Member State, each with an equal vote in the Council. This structure ensures that all EFTA members have equal weight in decision-making, reflecting the principle of equitable cooperation between member countries. The EFTA Council meets regularly to discuss and decide on the organisation's policies and strategies. These meetings are typically held twice a year at ministerial level, providing a platform for representatives of the governments of the Member States to meet and discuss issues of common importance. In addition to these ministerial meetings, the Council also meets twice a year at Permanent Representative level. These meetings allow for regular monitoring and ongoing coordination on issues falling within EFTA's remit. EFTA's headquarters are located in Geneva, Switzerland, reflecting the organisation's neutral and independent status. Geneva, being an important centre for diplomacy and international cooperation, offers a strategic location for EFTA. The role of the EFTA Council is essential in ensuring that the organisation achieves its objectives of promoting free trade and economic cooperation between its members. Through its regular meetings and decision-making processes, the Council helps to guide EFTA and respond to the economic challenges and opportunities facing its Member States.

Over the years, as the European Economic Community (EEC) evolved, several European Free Trade Association (EFTA) member countries chose to leave the EEC and join the EEC, which later became the European Union (EU). This move was motivated by the desire of these countries to participate in deeper economic and political integration within Europe. In response to these changes, and with the aim of maintaining and intensifying relations between the EEC/EU and EFTA countries, a process of negotiation was initiated. These efforts culminated in the Oporto Agreement, signed on 2 May 1992, which established the European Economic Area (EEA). The EEA represents an effort to extend the EU's internal market to the EFTA countries (with the exception of Switzerland, which chose not to participate in the agreement). The EEA Agreement enabled the EFTA countries to participate in the EU's internal market without becoming members of the Union. This includes the free movement of goods, services, capital and people. While preserving their political and legislative independence, the EFTA countries participating in the EEA agreed to adopt much of the EU's legislation relating to the internal market and its four fundamental freedoms. The creation of the EEA was an important step in promoting economic integration in Europe. It has enabled closer cooperation between the members of the EU and EFTA, while respecting the different aspirations and levels of integration desired by these countries. This agreement has helped to strengthen economic relations between European countries and has facilitated a larger, more integrated market across the continent.

The Agreement on the European Economic Area (EEA) was negotiated between the countries of the European Free Trade Association (EFTA) and those of the European Economic Community (EEC). The aim of the agreement was to bring these two groups of European countries closer together by extending the EEC's internal market to the EFTA countries. The EEA negotiation process was partly conceived as a preparatory stage for fuller European integration for the EFTA countries. For these countries, the agreement represented an opportunity to share in the benefits of the EEC's internal market without fully joining the European Union. This enabled these states to benefit from the free movement of goods, services, capital and people, while retaining a measure of political independence. For the members of the EEC, the enlargement of the internal market through the EEA was seen as a means of strengthening economic and trade links across Europe, as well as promoting stability and prosperity on the continent. The agreement was also seen as a means of encouraging EFTA countries to adopt standards and regulations similar to those of the EEC, thereby promoting legislative and regulatory harmonisation across Europe. The EEA Agreement was an important step in the process of European integration, enabling greater economic cooperation and rapprochement between EFTA and EEC members, and laying the foundations for future enlargements of the European Union.

The process of ratifying the agreement on the European Economic Area (EEA) revealed significant differences between the member countries of the European Free Trade Association (EFTA). The most striking example was Switzerland's decision to reject the agreement. On 6 December 1992, following a referendum, the Swiss people and cantons voted twice to reject membership of the EEA. This decision reflected Switzerland's desire to maintain its independence and political neutrality, despite the potential economic benefits of EEA membership. In contrast, other EFTA countries, such as Austria, Finland and Liechtenstein, accepted the EEA agreement. For these countries, EEA membership represented an opportunity to strengthen their economic ties with the countries of the European Economic Community (EEC) and to participate more actively in the European internal market. For Austria and Finland, the agreement was also a step towards their eventual membership of the European Union. The case of Switzerland shows that, even within Europe, opinions and policies regarding regional and economic integration can vary considerably. While some countries saw the EEA as a stepping stone towards deeper European integration, others chose to preserve their independence and autonomy. These decisions reflect the different political and economic priorities and perspectives within Europe.

Over time, the composition of the European Free Trade Association (EFTA) has changed considerably, mainly due to the accession of several of its members to the European Union (EU). Countries such as Austria, Denmark, Finland, Sweden and the United Kingdom, which were formerly members of EFTA, chose to join the EU, seeking deeper economic and political integration.

Today, EFTA has only four members: Switzerland, Iceland, Liechtenstein and Norway. These countries chose not to join the EU for a variety of reasons, but have maintained their commitment to free trade and economic cooperation through their membership of EFTA. Switzerland, after rejecting the European Economic Area (EEA) agreement in 1992, has pursued a bilateral path of cooperation with the EU. Switzerland has signed a series of bilateral agreements with the EU, covering areas such as free trade, free movement of persons, research and education. Iceland, Liechtenstein and Norway, meanwhile, are part of the EEA, which allows them to participate in the EU's internal market without being full members. This gives them access to the four fundamental freedoms of the internal market (free movement of goods, services, capital and people), while retaining greater political independence from the EU. EFTA's current situation reflects the diversity of approaches to economic and political integration in Europe. Although its members are not an integral part of the EU, they maintain close links with the Union through trade and economic agreements, demonstrating the complexity and variability of relations between European countries.

The European Economic Area (EEA), established by the 1994 Treaty, represents a major step in the history of European economic integration. This unique treaty is based on collaboration between the European Economic Community (EEC) and the members of the European Free Trade Association (EFTA), and rests on two essential pillars that reflect this duality. On the one hand, the EEC pillar includes the member countries of the European Economic Community. This part of the Treaty encompasses all the rules, policies and structures of the EEC, in particular its single market and the four fundamental freedoms of movement: goods, services, capital and people. This integration means that EFTA members participating in the EEA are obliged to adopt much of the EU's internal market legislation, while benefiting from access to the vast European market. On the other hand, the EFTA pillar specifically concerns the EFTA countries involved in the EEA, namely Norway, Iceland and Liechtenstein (Switzerland having decided not to join the EEA). This pillar allows these states to retain a greater measure of independence outside the political structure of the European Union, while enjoying the economic benefits of access to the EU's internal market. This provision strikes a balance between the benefits of economic integration and the preservation of national sovereignty. The EEA Treaty was an innovative response to the challenges of European integration, providing a model for close economic cooperation without full EU membership. It illustrates the flexibility and diversity of approaches to economic integration in Europe, taking into account the different aspirations and comfort levels with political integration among European nations. By extending the EU's internal market to the EFTA members of the EEA, this treaty has helped to shape a more integrated economic landscape in Europe, while respecting the particularities of each member country.

Today's European Economic Area (EEA) is made up of the European Union (EU) and three member countries of the European Free Trade Association (EFTA): Norway, Iceland and Liechtenstein. This unique configuration allows these EFTA countries to participate in the EU's internal market without being full members. Norway, Iceland and Liechtenstein chose to join the EEA to gain access to the economic benefits of the EU's internal market, while retaining a degree of independence. Thanks to this agreement, these countries benefit from the free movement of goods, services, capital and people, which is central to the EU's internal market. In return, they are obliged to comply with much of the EU's legislation in these areas, but without participating in the Union's decision-making process. For the EU, the EEA represents a means of extending its economic influence and promoting its regulatory standards beyond its borders, while promoting cooperation and economic stability in Europe. For the EFTA countries that are members of the EEA, the agreement represents a compromise between the benefits of close economic integration and the maintenance of a degree of political autonomy.

The European Economic Area (EEA), a complex and unique agreement, is governed by an organisational structure that reflects its hybrid and collaborative nature. At the heart of this structure are two main bodies: the EEA Council and the EEA Joint Committee, each of which plays a vital role in the operation and management of the EEA. The EEA Council brings together representatives of the Council of the European Union and members of the government of each Member State of the European Free Trade Association (EFTA) participating in the EEA - Norway, Iceland and Liechtenstein. This assembly is the place where key political decisions concerning the EEA are taken and discussed. It serves as a platform for exchanges between the EU and the EFTA countries, enabling a political dialogue that is essential to the smooth running of the EEA. For example, during the enlargement of the EU in 2004 and 2007, the EEA Council played a crucial role in integrating the new EU Member States into the EEA framework. On the other hand, the EEA Joint Committee, made up of ambassadors from the EEA EFTA States and representatives of the European Commission, is responsible for the day-to-day management of the EEA. This committee is essential to ensure that EU internal market rules are properly integrated and applied in the EEA EFTA countries. The Joint Committee deals with technical and administrative issues, such as the adaptation of EU legislation for application within the EEA. It also plays a key role in resolving disputes and regularly updating EEA rules to reflect developments within the EU. Together, the EEA Council and the Joint Committee ensure that the EEA Agreement functions effectively, facilitating cooperation between the EU and the EEA EFTA countries. This unique structure has enabled the EEA to become a successful example of economic integration in Europe, offering the EFTA countries access to the EU's internal market while preserving a measure of autonomy.

Switzerland's active participation in the European Economic Area (EEA) negotiations illustrates its initial commitment to greater European economic integration, although this was not ultimately achieved. As part of the preparations for eventual EEA membership, the Swiss Federal Council took significant steps to align national legislation with European standards and regulations. The EUROLEX project was a key initiative in this process. Its aim was to revise and adapt Swiss legislation to bring it into line with EEA standards, which would have facilitated Switzerland's integration into this economic area. The Federal Council asked Parliament to undertake this legislative revision, stressing the importance of aligning Swiss laws with those of the EEA to ensure a smooth transition. However, the EUROLEX project did not result in Switzerland joining the EEA. This was mainly the result of the referendum of 6 December 1992, in which the Swiss people and cantons rejected the EEA agreement. This rejection marked a turning point in Switzerland's European policy, leading it to pursue a bilateral path of cooperation with the European Union. Subsequently, Switzerland signed a series of bilateral agreements with the EU, covering areas such as free trade, the free movement of persons, research and education. Switzerland's experience with the EEA and the EUROLEX project reflects the complexity of relations between Switzerland and Europe. It also highlights the difficulty of reconciling aspirations for greater economic integration with the desire to preserve a degree of political and legislative independence.

6 December 1992 was a significant date in the history of Switzerland's European policy. In a national referendum, the Swiss people and cantons voted against Switzerland's participation in the European Economic Area (EEA). This rejection marked a turning point in Switzerland's relationship with the process of European integration, and had the effect of marginalising Switzerland on the European economic scene, keeping it out of the EEA and its advantages in terms of the internal market. Faced with this situation, the Federal Council and the Swiss Parliament had to look for alternatives to maintain and develop economic and political relations with the European Union. The solution adopted was to negotiate bilateral agreements between Switzerland and the EU, known as the "bilateral agreements". These agreements have enabled Switzerland to retain a certain degree of access to the European internal market, while preserving its political independence. The bilateral agreements between Switzerland and the EU cover a wide range of areas, such as free trade, the free movement of persons, research and education, air and land safety, and agricultural policy. Although they do not provide the full access to the EU's internal market that the EEA would have offered, these agreements represent an important compromise, enabling Switzerland to enjoy many of the economic benefits of European cooperation. The bilateral approach adopted by Switzerland reflects its desire to work closely with the EU while preserving its sovereignty and its tradition of political neutrality. This strategy has enabled Switzerland to remain economically competitive and closely linked to the EU, despite its non-participation in the EEA and the European Union itself.

Since the rejection of membership of the European Economic Area (EEA) by referendum in 1992, Switzerland's position in Europe has been unique and complex. Indeed, Switzerland finds itself in a unique position, being a member of neither the European Union (EU) nor the EEA. This position presents both challenges and opportunities for Switzerland. On the one hand, as neither a member of the EU nor the EEA, Switzerland does not benefit directly from the advantages of the European internal market, such as the total free movement of goods, services, capital and people. Nor does it have a voice in the EU's decision-making processes, which can place it in a delicate position, particularly on issues directly affecting the internal market or regional policies. On the other hand, this position has also enabled Switzerland to maintain a high degree of political independence and neutrality, which are key elements of its national identity. In addition, Switzerland has compensated for its exclusion from the EU and the EEA by negotiating a series of bilateral agreements with the EU. These bilateral agreements cover a wide range of areas and give Switzerland access to certain aspects of the European internal market, while cooperating closely with the EU in areas such as research, education and the free movement of people. Switzerland has therefore adopted a pragmatic approach to maintaining close relations with the EU, while preserving its own national interests. This strategy has enabled Switzerland to remain closely integrated into the European economy, despite not being a member of the EU or the EEA, and to continue to play an important role in European affairs.

Despite choosing not to join the European Economic Area (EEA) or the European Union (EU), Switzerland has had to adapt its legislation to a certain extent in order to remain aligned with European standards, particularly in order to maintain its economic and trade relations with EU countries. This necessity stems from the importance of the European market for the Swiss economy and Switzerland's desire to maintain competitive access to this market. Initially, with a view to Switzerland joining the EEA, the Federal Council undertook legislative reforms under the EUROLEX project, aimed at bringing Swiss legislation into line with that of Europe. Although membership of the EEA was rejected in a referendum in 1992, many of the legislative changes planned under the EUROLEX project were retained. This was necessary to ensure that Swiss companies remained competitive on the European market and to facilitate trade and cooperation with the EU. The EUROLEX project subsequently evolved into the SUISSELEX project. The aim of the latter was to continue harmonising Swiss legislation with European standards, while preserving Switzerland's legislative sovereignty. The SUISSELEX project represents an effort to avoid the marginalisation of Swiss legislation from that of Europe, while taking account of Switzerland's specific national characteristics and needs. Although Switzerland has chosen to remain outside the formal structures of the EU and the EEA, it has nevertheless adopted a pragmatic approach to ensure that its legislation is compatible with European standards. This approach illustrates the complexity of relations between Switzerland and the EU and shows how non-EU countries can nevertheless maintain close and beneficial links with the Union, while preserving their political and legislative autonomy.

After Switzerland rejected membership of the European Economic Area (EEA) in 1992, it had to look for alternative ways of maintaining and developing its relations with the European Union (EU). This led to the negotiation of Bilateral Agreements I between the European Union and the Swiss Confederation, marking an important milestone in relations between the two parties. These Bilateral Agreements I were signed in Luxembourg in 1999 and marked a turning point in Switzerland's European policy. They cover a range of areas, including the free movement of people, land and air transport, technical barriers to trade, public procurement, agriculture and scientific research. The aim was to facilitate Swiss access to the EU's internal market and strengthen cooperation in areas of mutual interest, while respecting Swiss independence and neutrality. The signing of these agreements was followed by a referendum in Switzerland on 21 May 2000, when a significant majority of 67% of the Swiss people approved the agreements. This referendum approval reflected the desire of the Swiss people to maintain close links with the EU while retaining a degree of independence. The agreements were in the form of a federal decree subject to an optional referendum, a procedure typical of the Swiss political system that allows citizens to have their say on important issues. Approval of the Bilateral I agreements paved the way for a series of other negotiations and agreements between Switzerland and the EU, consolidating Switzerland's unique relationship with the Union. These agreements have enabled Switzerland to benefit from partial access to the EU's internal market and to cooperate closely with member countries in many areas, while preserving its autonomy in foreign policy and other national matters.

The bilateral agreements signed between Switzerland and the European Union, which came into force in June 2002, marked a significant step forward in relations between the two entities. These agreements, the result of tough negotiations, have made it possible to meet Switzerland's specific needs while strengthening its ties with the European Union. In the field of transport, Switzerland and the EU have signed agreements on land and air transport. These agreements have improved mutual access to the respective markets, facilitating the transit of goods and passengers. The air transport agreement has been particularly beneficial for Swiss airlines, allowing them to participate more freely in the European market. The agreement on the free movement of persons was a major change, allowing Swiss and European citizens to work, live and study freely in each other's countries. This openness has facilitated labour mobility and the sharing of skills, thereby promoting economic and social integration. In terms of research, Switzerland has obtained privileged access to EU research programmes. This has enabled close and fruitful collaboration in various scientific and technological fields, strengthening Switzerland's position as a leader in research and innovation. The agreements have also addressed agriculture and public procurement, improving access to agricultural products on each other's markets and opening up both sides' markets to public tenders. These measures have promoted trade and economic cooperation in these key areas. A crucial element of the agreements has been the harmonisation of standards and regulations to reduce non-tariff barriers to trade. This has involved the alignment of technical and safety standards, facilitating bilateral trade and ensuring fair competition. These agreements were therefore a pragmatic response by Switzerland to the need for close cooperation with the EU, while preserving its political independence. They reflect Switzerland's flexible and adapted approach to managing its external relations, enabling it to benefit from economic integration with Europe without full membership of the European Union.

Pursuing its approach of close cooperation with the European Union, Switzerland has concluded a second series of bilateral agreements, known as the Bilateral II agreements. These agreements, which represent an extension of relations between Switzerland and the EU, focused in particular on Switzerland's participation in the Schengen and Dublin agreements. In 2005, a national referendum saw the Swiss people approve these agreements with 55% of votes in favour, reflecting a desire to strengthen cooperation with the EU in sensitive and important areas. Switzerland's accession to the Schengen Agreement has had significant implications, particularly in the areas of police and justice. This has led to better cross-border coordination and collaboration in the fight against crime and terrorism. Participation in Schengen has also led to changes in visa management, simplifying travel and the movement of people between Switzerland and the member countries of the Schengen area. In addition, Switzerland's accession to the Dublin Agreement has strengthened its cooperation with the EU in the field of asylum. This agreement governs asylum procedures in the Schengen area, defining which country is responsible for examining an asylum application. Switzerland's involvement in this agreement means that it follows the same rules as EU members on asylum, contributing to a more coordinated and coherent approach at European level. The Bilateral II agreements have therefore enabled Switzerland to move even closer to the EU in the areas of security, justice, visa management and asylum policy, while retaining its status as a non-EU member state. This integration into key aspects of European policies underlines Switzerland's desire to play an active part in European cooperation, while preserving some of its national prerogatives.

Switzerland's accession to the Schengen agreements, as part of the Bilateral II agreements concluded with the European Union, has had a direct and significant impact on the management of Switzerland's borders. By joining the Schengen area, Switzerland has eliminated systematic border controls with the other Schengen member countries, thereby facilitating the free movement of people. This means that Swiss citizens, as well as nationals of other Schengen member countries, can cross Swiss borders without being subject to systematic passport controls. This opening of borders has considerably simplified travel and mobility, both for Swiss citizens travelling abroad and for visitors entering Switzerland. For a country like Switzerland, with close economic, cultural and personal ties with its European neighbours, this ease of movement is particularly advantageous. It is important to note that, although systematic border controls have been abolished, Schengen countries retain the right to carry out border controls if necessary or for security reasons. Furthermore, Switzerland's membership of the Schengen area also implies its participation in cross-border police and judicial cooperation, as well as in the Schengen database, which strengthens internal security while facilitating freedom of movement.

= Annexes =
*[[Churchill – discours de Zurich]]
**[http://mjp.univ-perp.fr/textes/churchill19091946.htm transcription écrite]
**[http://www.cvce.eu/viewer/-/content/5da812de-3a20-4e2a-9cc1-7e0f90c8f97b/fr audio]
*[[Jean-Jacques Gautier et la prévention de la torture : l’idée d’action]]

= References =
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[[Category:droit]]
[[Category:Victor Monnier]]