Московский журнал международного права (Sep 2013)
Legal Regulation of European Internal Market (Summary)
Abstract
In this article the author examines in consecutive order the evolution of the concept “European internal market” (from “common market” to “European internal market”), the legal basis of its regulation, methods of its formation ( by so called “negative” and “positive” integration) and the framework of its functioning. For this aim it is compared with a regulation of the US internal market. This comparative analysis helps to reveal difficulties in the development of European internal market and its fragmentary character arising from multitudinous problems (for instance, the problem of the EUstandards for goods quality) and the resistance of member-states. At the same time the author analyses in detail the provisions of the Treaty on the functioning of the EU which regulate the division of powers between the EU and member- states in this field. Finally, in the end the article deals with Monti’s Report which has been prepared on request of the Commission and is devoted to the solution of the EU internal market problems as well as the proposals of the Commission ( based on the conclusions of Monti’s Report) on the creation of the socially and technologically orientated internal market. The proposals should be finally formulated till the spring 2014. One of the main aims is to restore confidence of the member-states’ citizens in the EU lost because of the endless financial and economic crisis in Europe.
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