To formulate the conceptual scope and definition of harmonisation, a seemingly good starting point is therefore to look at primary EU law dealing with harmonisation, especially Article 114 TFEU. The EU's competence to harmonise laws is therefore explicitly driven by the purpose of creating and integrating the internal market. By analogy, harmonisation can be seen as the legislative dimension of the internal market. The starting point in the enquiry about the meaning and scope of harmonisation should, therefore, start with an exploration of the concept of the internal market. An examination of European Union primary law, i.e. Treaty provisions as well as the ECJ's jurisprudence, however, quickly uncovers several wording and language ambiguities, specifically around: (i) the concept of the internal market as the Treaty basis for harmonisation; (ii) the scope of harmonisation as a market-building competence; and (iii) the role of the Member States in the market-building and harmonisation exercises.
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