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THE CONCLUSION

Now the European Union is the most successful and effective, though and far not complete project of regional integration.

Development of the European integration in second half XX - the beginning of XXI centuries occurred on the certain conceptual basis which formation was preceded by occurrence of idea of the European unity, so-called, ideas of "uniform Europe».

Development of the given idea has led to occurrence in the states of various concepts and concrete projects of the European integration which have constituted some kind of a conceptual, teoretiko-legal basis of the given process. On the basis of the given concepts and projects there was a creation of integration associations, their reforming, and also formation and development of all process of the European integration.

Concepts and the projects of the European integration which are put forward by the states, finally were made out in juridical acts that promoted their realisation in practice. In turn, legal registration and fastening of the given concepts and projects or their separate positions in binding character legal acts, has caused formation of a legal basis of the European integration and the created integration associations.

France standing at sources of process of the European integration, made the greatest conceptual impact on development of the given process. Concepts and the projects developed by the French statesmen in second half XX - the XXI-st century beginning, have provided the initial stage of practical realisation of idea of "uniform Europe», creation of the European Communities and the European Union, have defined their organizational structure, have put in pawn bases of new integration model of cooperation of the states, have established modern system of enactments of EU. France posesses authorship of many projects realised in the course of the European integration, and legal acts which provided development of the given process.

Following the results of the carried out research of experience of France on formation of conceptual bases of the European integration and its legal registration in second half XX - the XXI-st century beginning following conclusions are formulated.

1. The idea of association of the European states and the people in the uniform all-European organisation within the limits of various politiko-legal forms and its development in unifying projects state and public figures of France during the long historical period, and also the numerous politiko-legal projects of creation of the uniform European organisation generated on its basis became Istoriko-legal preconditions of working out in France of concepts of the European integration which has received practical realisation in second half XX - the XXI-st century beginning.

2. The revealed distinctions in forms of the politiko-legal device of the future all-European organisation (federal and confederative) have caused formation in France in 50-60th years of XX century of two concepts of the European integration competing among themselves (concepts «nadnatsionalnoj the Supreme power» and concepts «Europe Otechestv»).

3. In 50th of XX century in France the concept «nadnatsionalnoj the Supreme power» which provided new model of association of the European states has been developed. The given model assumed establishment in Europe nadnatsionalnoj the organisations, and subsequently - nadnatsionalnoj the federations which legal basis was voluntary transfer of a part of sovereign powers of member states to the created organisation and founded in its frameworks nadnatsionalnym to institutes which were allocated with the right of acceptance of obligatory decisions.

The model of association of the European states, provided by the concept «nadnatsionalnoj the Supreme power» has been realised in practice at creation of the European Communities.

4. Legal registration of the concept «nadnatsionalnoj the Supreme power» has blanks and has fragmentary character. The principal cause of the given phenomenon consists in unwillingness of the states to limit the national sovereignty at creation nadnatsionalnoj the organisations. The revealed blanks and a fragmentariness have caused legal incompleteness of a legal mechanism of realisation of powers of the European Communities and functioning of its institutes that has predetermined non-uniformity of development of the European integration.

5. Institutsionalno-legal registration the concept

«nadnatsionalnoj the Supreme power» has received by means of establishment nadnatsionalnyh institutes of the European Communities. Thus revealed blanks and a fragmentariness in legal registration of the concept have caused the limited character and insufficient detailed elaboration of powers nadnatsionalnyh institutes of the European Communities.

6. Legal fastening and expansion of powers nadnatsionalnyh institutes of the European Communities was promoted by practice of Court of the European Communities which, applying the concept of meant powers and the concept of foreign policy support, has actually fixed powers nadnatsionalnyh institutes over what are provided by Contracts on establishment of the European Communities.

7. The concept «Europe Otechestv», developed in France in 60th of XX century, provided alternative model of association of the European states which assumed creation of the European organisation in the form of the confederation based on interstate cooperation, and has been inherently aimed at preservation of the national sovereignty of member states that has caused its competing character in relation to the concept «nadnatsionalnoj the Supreme power».

8. The concept «Europe Otechestv» has received legal registration only regarding the mechanism of decision-making by unanimity - within the limits of the Luxembourg agreement behind the states the veto power has been fixed at decision-making. Absence of legal fastening of positions of the Luxembourg agreement in Contracts on establishment of the European Communities, has predetermined its use as the legal custom which application was defined by a consensus of member states. The Luxembourg agreement has considerably complicated process of acceptance of legal acts in the European Communities, that for the long period has slowed down integration development (to the middle of 80th of the XX-th century).

9. In 90th years of the XX-th century in France the concept of "three support» which as a matter of fact represented organisation-legal model of the European Union has been developed. The given model has consolidated in itself two opposite forms of co-operation of the states (nadnatsionalnuju and intergovernmental), operating in various integration spheres that has allowed to connect within the limits of the European Union various on the right mode and an order of regulation of sphere of conducting EU ("support" which have received the name).

10. The main feature of legal registration of the concept of "three support» consisted that legally "support" as structural elements of EU in the Contract on EU have not been fixed, and were allocated on the basis of distinctions in a legal status and legal regulation of various spheres of conducting European.

11. In the Constitutional contract the integration model of EU in the form of confederation with federal kompetentsijami », offered by the former French president of Century ZH d'estenom has received registration. The main feature of the given model consisted available two

Opposite forms of co-operation of the states - nadnatsionalnogo and intergovernmental which functioning was realised by means of an establishment of two levels of management in EU - federal and national and accurate differentiation of spheres of conducting and kompetentsy.

12. The system of enactments of EU operating now is based on the French concept (its author - N.Sarkozi), providing investment of EU with two legal acts, base and detailing character between which there are integrated interrelations. The given system has allowed to include all progressive positions of the Constitutional contract in operating articles of incorporation of EU and to carry out on the basis of these contracts provided Constitutions of EU reform of legal system of EU, in particular, to abolish the European Communities and to keep thus in EU legal system dogovory on which basis of Community functioned, that became possible thanks to the integrated interrelations of two basic documents mentioned above.

13. The system of enactments of EU, N.Sarkozi provided by the concept, has been caused first, necessity to integrate into texts of articles of incorporation of position of not become effective Contract founding the Constitution for Europe, having kept thus all previous articles of incorporation of EU. And, secondly, - to provide the compromise of two opposite approaches to the further development of EU - nadnatsionalnogo and intergovernmental.

14. The operating system of enactments of EU under the form corresponds N.Sarkozi's to concept, and under the maintenance - reflects, though and in the limited kind, model of the politiko-legal device of EU, corresponding to the concept of Century ZH d'estena and provided not become effective the Constitutional contract.

On the basis of the carried out research features of the French concepts of the European integration and their legal registration, become by the bases for allocation of three stages in istoriko-legal developments of the European integration in second half XX - the XXI-st century beginning are revealed:

- The first stage (1950 - 1960) - is caused by occurrence in France concepts «nadnatsionalnoj the Supreme power» and establishment on its basis nadnatsionalnyh the organisations - the European Communities. At the given stage there is a legal registration of separate elements of the concept nadnatsionalnoj the Supreme power in the Contracts founding the European Communities, and judiciary practice of Communities;

- The second stage (1960 - 1970th) - is connected with occurrence in France the competing concept - concepts «Europe Otechestv» and aspiration of France to reduce concept elements «nadnatsionalnoj the Supreme power» in the European Communities that was promoted substantially by the conclusion of the Luxembourg agreement;

- The third stage (the middle 1980 - the beginning 2000) - is connected with working out of concepts and the models having "compromise" character, i.e. containing separate elements of the concept «nadnatsionalnoj the Supreme power» and concepts «Europe Otechestv». The balance provided in these concepts nadnatsionalnyh and intergovernmental elements has caused their realisation and legal fastening in enactments that has provided forward development of integration into the given period.

Thus, it is possible to draw a conclusion, that idea realisation «uniform Europe» in many respects result of the French enthusiasm and active practical activities of this country. Solving post-war outwardly - and internal political problems, France initiated process of association of Europe, has put in pawn a conceptual basis of this process and has in many respects defined its further development. At each stage of the European integration and at each crisis, France put forward ideas and concepts and developed the concrete projects directed on overcoming of arisen crises which finally have allowed to continue development of the European integration. It is indicative in this respect, that all serious and sign for process of the European integration of change of legal base of the given process occurred at the initiative of France or at its active participation.

Following the results of the carried out research use of experience of the European integration in development and deepening of integration processes on the post-Soviet territory is represented expedient. Considering EU experience, seeing its weak and strengths, probably to avoid a different sort of errors that will allow to carry out various integration projects much more successfully and dinamichnej.

Now integration formations on the post-Soviet territory and created in their frameworks functioning mechanisms are far from perfect and rather poorly cope with problems of effective development.

At the present stage principles, methods and models of construction of the European Union, a basis of its functioning institutsionalnoj systems, and also experience of legal registration of processes of integration are important, first of all, as an example. Especially actual it is for recently created Euroasian economic union.

In the modern world characterised by processes of globalisation and advancement of uniform political, economic, social and legal standards, the future of Europe in many respects depends on the further successful development of integration processes, and not only in its western part, but also in the east. As creation in the future of the uniform integration system including, on the one hand the European Union, and with another - the Euroasian economic union is represented, would serve as the reliable base of the all-European safety and stability.

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A source: BIDA DARYA ALEKSANDROVNA. CONCEPTUAL BASES And LEGAL REGISTRATION of the EUROPEAN INTEGRATION (experience of France: second half XX - the beginning of XXI centuries) the Dissertation on competition of a scientific degree of the master of laws. Moscow - 2016. 2016

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