The Law and Policy of Harmonisation in Europe’s Internal Market

The Law and Policy of Harmonisation in Europe’s Internal Market

Isidora Maletić

This innovative book explores the constitutional compromise between the European Union’s legislative competence and member states’ regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process.

Introduction

Isidora Maletić

Subjects: law - academic, european law, politics and public policy, european politics and policy

Extract

The creation of the internal market, ‘an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured’, has long constituted a primary objective and justification for the European integration project. It remains to date a key parameter for the overall success of this legislative endeavour. One of the most fundamental instruments for the furtherance of European harmonisation is Article 114 of the Treaty on the Functioning of the European Union (TFEU), a legal base enabling the European institutions to adopt measures for the approximation of national provisions that have as their object the establishment and functioning of the internal market. Article 114 TFEU, as the key vehicle for the advancement of ‘positive harmonisation’, that is, the approximation of national norms through European legislative intervention, represents a vital and forceful complementary tool in the attainment of market integration to ‘negative harmonisation’, that is, the indirect approximation of national norms resulting from the deregulatory effects on Member State laws of the case law of the European judiciary.