Integration through Law: Market Freedoms and Domestic Regulation

Abstract

This panel analyse the often puzzling phenomenon of European integration having pushed forward despite contrary member states preferences and despite limited EU competence in the respective Treaty. The four papers show that both secondary legislation by the European Commission as well as case law by the European Court of Justice have triggered an expanded scope of EU integration in policy areas - such as higher education and research policy, wage policy, or company insolvency policy - that had traditionally been confined solely to member-state competences. So, in how far and in which ways have EU market freedoms impacted on member states’ domestic regulations? Are common patterns observable or can we rather see distinct practices varying across policy areas and member states? Can we rather expect convergence or divergence in future integration processes? Eventually, this panel will demonstrate the incremental deepening of the European Single Market and the remaining legal challenges that it still faces today.