Chapter 5: Appraisal and reform proposals
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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