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 5: Appraisal and reform proposals

Isidora Maletić

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

Extract

Drawing on the key themes explored in the preceding sections, this chapter seeks to assess the benefits and limitations of the Article 114 TFEU paradigm as a model of harmonisation for the completion of the internal market and the process of European integration more widely. In particular, in the light of increased anxiety concerning the overall direction of the European legal order, it is suggested that there are a number of potential ways in which the current provisions can be ameliorated. Building on the analysis presented in the foregoing sections and evaluating the positive harmonisation model within Article 114 TFEU against the background of negative integration, specific proposals can be made as to possible reforms of the current text. In investigating viable improvements to Article 114 TFEU, particular emphasis must be placed on scrutinising the role of the key institutional players entrusted with its administration.

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