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.

Chapter 4: The harmonisation model under Article 114 TFEU in practice

Isidora Maletić

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

Extract

The potential of the safeguard provisions analysed in the previous chapter depends to a large extent on the way they are interpreted by the Commission and the Courts. While Chapters 2 and 3 have sought to outline the overall procedures and functioning of Article 114 TFEU by scrutinising each of its constituent clauses in turn, the current chapter aims instead to assess how the notification procedure within Article 114(4)–(9) TFEU has been deployed in practice. Much ink has been expended to analyse the rulings of the Court of Justice in the absence of harmonisation norms; this chapter aims instead to explore the Court’s jurisprudence in the presence of such common standards. The focus of this section is therefore on the notification device within Article 114 TFEU with emphasis on the way in which the judiciary and the Commission in related decisions have responded to Member State requests to depart from approximation measures.

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