The Internal Market of the European Union: From Indivisibility to Differentiated Integration

Author(s):  
Michelle Egan

The internal market is the workhorse of European integration, promoting the free movement of goods, capital, services, and factors of production to ease cross-border barriers. Research has focused on the evolution and expansion of market integration, drawing on a variety of empirical and theoretical approaches to understand the interests, institutions, and ideas that have shaped an “ever closer economic union.” Yet as the economy has changed from manufacturing to services, the internal market has shifted in scope to encompass a more heterogeneous set of issues where the core rules and legal commitments have generated increased differentiation in market practices and regulatory alignment. Scholarship on the single market has diminished, in part, due to the fragmentation of policy initiatives, often not attributed to the single market. As the European economy has undergone profound structural changes, the legislative agenda has expanded to new policy areas that reflect the need for modernization and expansion of the traditional single market agenda. Often touted as a model for regional integration, the single market is still a differentiated market, much more developed for goods than it is for services and labor. The result is a regulatory patchwork of selective liberalization where the scope and depth of integration vary across the four freedoms. Ironically, the integrity of the single market in the wake of Brexit has led the “four freedoms” of goods, services, capital, and people to be viewed as “indivisible” which does not reflect the reality of decades of market integration. More attention needs to be given to the incorporation of history and temporality into understanding the single market. On the one hand, the single market is viewed as a means of transferring regulatory norms to third-country markets which has led to a debate about the extent of European “market power” across different issues areas. Rooted in the size and institutional configurations of its internal market, European efforts to export rules to third-country markets also depends on domestic receptiveness and state capacity to accept such jurisdictional boundaries over markets. As the internal market has varying degrees of “depth” across treaty freedoms, its “spillover” effects may differ across goods and service markets. On the other hand, there has been a surge in single market differentiation within the European polity in terms of modes of governance. This reflects growing flexibility in terms of fundamental treaty requirements, the varied compliance and implementation across sectors and firms, and the differential effects of withdrawal from the single market across member states given the substantial consequences of Brexit. Across time and space, the detailed patterns governing the four freedoms and flanking policies of the internal market in Europe are not uniform with differentiation in institutional (legal and administrative) arrangements that have significant trade-offs in terms of social legitimacy and economic competitiveness.

2021 ◽  
pp. 180-223
Author(s):  
Richard Whish ◽  
David Bailey

This chapter discusses the main features of Article 102 of the Treaty of Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by discussing the meaning of ‘undertaking’ and ‘effect on trade between Member States’ in the context of Article 102. It then considers what is meant by a dominant position and looks at the requirement that any dominant position must be held in a substantial part of the internal market. Thereafter it discusses some general considerations relevant to the concept of abuse of dominance, followed by an explanation of what is meant by ‘exploitative’, ‘exclusionary’ and ‘single market’ abuses. It then discusses possible defences to allegations of abuse, and concludes by considering the consequences of infringing Article 102.


Author(s):  
Michelle Egan

This chapter focuses on the evolution of the single market project, from its original conception in the 1950s, beginning with the Rome Treaty and ending with the Single Market Act I and II. It first considers market integration in historical perspective before discussing the role of the Court of Justice of the European Union (CJEU) in promoting market access, the balance between different economic ideals, and the regulatory strategies used to foster market integration. It then analyses the importance of the single market in promoting competitiveness and growth, along with the politics of neoliberalism and the ‘1992 Programme’. It also explores the politics of regulated capitalism and whether the single market contributes to globalization. It concludes by explaining how both traditional international relations theories of integration and newer approaches in comparative politics and international relations can be used to shed light on the governance of the single market.


2019 ◽  
Vol 7 (1) ◽  
pp. 40
Author(s):  
Craig Jones

This article includes an exploration of the economic data sets of the Association of Southeast Asian Nations (ASEAN) Statistics, the World Bank, and the International Monetary Fund, as well as primary regional economic initiatives and agreements to assess the strategic indicators of economic regionalism using thematic analysis. The aim of this research is to determine how Southeast Asian regionalism can circumvent vulnerabilities to another economic crisis in North America and the European Union. To correct such financial vulnerabilities, ASEAN has significantly remolded the region into a single market consisting of a 10-nation integrated production base. The ASEAN Economic Community’s main pillars are the establishment of a regional economic foundation based on comprehensive investment initiatives; the liberalization of capital markets, tariffs, and professional labor; infrastructure connectivity; regional policy integration; and free trade agreements to create a regional value chain as part of a single market and production base. The more attainable this comprehensive value-capture-and-integration process becomes, the more attractive it will appear to the global economic investment community and for business opportunities to establish a robust regional foundation. Although the process appears straightforward, capturing value is not a single phenomenon or method, but rather a multifaceted phenomenon, as explored in this study. The regional integration model seeks profitability within effective cross-border production networks and regional liberalization.


2019 ◽  
Vol 65 (3) ◽  
pp. 265-281
Author(s):  
Diamond Ashiagbor

Underpinning this article is the proposition that regional integration with a social dimension has the potential to engender a more equitable pattern of globalisation. The empirical focus of the article is on the extent to which the insights of ‘embedded liberalism’ associated with regional economic integration between the industrialised nations of the European Union (EU) can be applied to regional economic integration within sub-Saharan Africa. The article contends that EU market liberalisation has been embedded within labour market institutions and institutions of social citizenship at the domestic level. These have served as social stabilisers to counter the far-reaching effects of the internal market and global trade. Less industrialised nations have never enjoyed adjustment mechanisms of this sort, raising the question for this article, and for further research: in which legal and institutional structures can these nascent forms of market integration at regional and sub-regional level be embedded?


2012 ◽  
Vol 13 (8) ◽  
pp. 979-1012 ◽  
Author(s):  
Pedro Caro de Sousa

It is a generally held assumption that the EU economic free movement rights are tools in the creation of a European internal market; and that their main goal is the (negative) market integration of different national markets. Yet these freedoms do not determine how market integration is to proceed, or which kind of integrated European market will emerge. The resulting market may be more or less regulated, and the creation of the relevant regulatory rules may be allocated to a variety of sources. These options are reflected in the different proposed tests used to determine whether a national measure prima facie infringes one of the market freedoms. The proposed tests fall into two main categories—broad tests and narrow tests—and each type has its own implications for European integration. Broad tests, usually associated with obstacle tests or even with economic due process clauses, tend to be seen as having three main outcomes. One result of broad tests is centralization, implying that ultimate decisions concerning the legitimacy of national law rests with EU institutions, and particularly with the Court of Justice of the European Union (“the Court” or “CJEU”). Another outcome of broad tests is the possible harmonization of national laws through the European political process by increasing the amount of national legislation susceptible to being harmonized under Articles 114 to 118 on the Treaty on the Functioning of the European Union (“TFEU”). A third consequence of broad tests is deregulation through the elimination of national rules creating obstacles to trade. Alternatively, narrow approaches-usually associated with discrimination or typological tests-are usually coupled with regulatory pluralism via a greater degree of control of the harmonization competences of the EU, decentralization through the protection of a greater sphere of Member States' autonomy, and economic agnosticism. Views on the potential outcomes of broad and narrow tests are, in turn, related to normative debates about the ideal levels of centralization, harmonization, and regulation in the internal market.


2019 ◽  
Vol 18 (3) ◽  
pp. 122-129
Author(s):  
Patrick F. Todd

After Brexit, the United Kingdom is unlikely to continue pursuing integration with other Member States of the European Union, including through competition policy. As a result, the time is ripe to reconsider the role of the single market imperative in competition law, in particular in relation to vertical restraints where the goal of market integration plays a pivotal role. This article shows that recent European vertical restraints decisions and case law, in particular concerning territorial and online restraints, have been motivated in whole or in part by the single market imperative (SMI). It then examines how the law in the UK might follow a different path post-Brexit, taking the Ping case as an example. However, a similar change is not likely to be forthcoming in relation to the law governing pricing restraints, which are not obviously linked to the SMI and which have been the subject of much enforcement in the UK both before and during the UK's membership of the EU.


2020 ◽  
Vol 56 (1) ◽  
pp. 3-19
Author(s):  
Alina Szypulewska-Porczyńska ◽  
Magdalena Suska

Abstract The purpose of this article is to examine the changes that have occurred after Poland’s integration into the European Union (EU) internal market for services after 2004 considering the legal changes adopted in the EU relating to the free movement of services, namely, the Service Directive. An examination of the Directive’s outcome and the development of the market integration process permit the conclusion that the changes in regulatory trade barriers have had a relatively limited impact on the changes that have occurred in EU–Polish ties concerning services trade. These were predominantly shaped by structural and macroeconomic factors. From an analysis of the structure of Poland’s services trade, a picture emerges of a deepening asymmetry between the exports and imports sides of Poland’s participation in the internal market.


Author(s):  
Marcelo Schultes

Resumo: A principal questão deste estudo é que, no ambiente de integração econômica da União Europeia, para que se perfectibilize o mercado interno, faz-se necessário o tratamento integrado da propriedade industrial no território do tratado, que pode ser caracterizado como a centralização de procedimentos e alargamento da validade dos títulos de propriedade industrial no espaço da União Europeia. As necessidades econômicas do mercado interno no espaço de integração demandam trazer à competência da União matérias antes tratadas nacionalmente pelos estados membros, notadamente quando se fala em temas de direito privado. A propriedade industrial é um bom exemplo disso, e o legislador europeu está paulatinamente trazendo a regulação desta matéria para dentro do ordenamento da União. Palavras Chave: União Europeia; Propriedade Industrial; Direito Privado; Alargamento; Marcas; Patentes; Design. Abstract: The main question on this study is that, in the regional integration environment of the European Union, for the internal market to get perfectibilized, it is necessary the integrated treatment of industrial property rights in the territory of the treaty, which can be characterized as the centralization of procedures and enlargement of the territorial validity of the industrial property rights in the European Union. The economic needs of the internal market in the integration territory demand to bring to the European Union's competence the matters originally treated nationally by the member states, especially when it comes to private law. Intellectual property is a good example of it, and the European legislator is gradually bringing the regulation of this matter into the legal system of the European Union. Keywords: European Union; Industrial Property; Private Law; Marks; Patents; Design.


2020 ◽  
Author(s):  
Natalia Kondratieva ◽  

The monograph contains the results of ten years of the author's research devoted to problematic issues of regulating the movement of factors and results of economic activity within the regional integration association, the structure of the Single Internal Market of the European Union, the formation and competition of regional trade regimes. Over the years of studying the subject, the principles of market unity have covered the newest areas of the European economy; the EU has faced a number of internal and external challenges that have led to a deepening of the integration process; EU partners such as Russia and Asian countries have fundamentally changed, which has expanded the objectives of the study.


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