Tracking the Affirmation of Pluralistic Concerns in EU Internal Market Law

Cahiers Du CeDIE Working Papers No. 2012/01

24 Pages Posted: 22 Jun 2012

Date Written: February 20, 2012

Abstract

The present paper aims to assess whether and to what extent a “logic of pluralism” has permeated nowadays the internal market case law of the EU Court of Justice, in spite of the latter’s long-standing stance as the ultimate guardian of the unity of the market and that of the law. To do so, it focuses on the field of services insofar as it has particularly embodied in recent years those tensions between market integration, regulatory diversity and social values that lay at the core of the internal market test.

This paper forms part of a larger project exploring a move from unity to pluralism as the prevalent representation of the relation between the Union and Member States in the aftermath of the completion of the EU internal market, the increased diversity in EU membership and the quantitative and qualitative enlargement of the scope of EU competences.

Keywords: EU integration, internal market, services, pluralism, regulatory diversity, margin of appreciation, proportionality

JEL Classification: K29

Suggested Citation

Gerard, Damien M. B., Tracking the Affirmation of Pluralistic Concerns in EU Internal Market Law (February 20, 2012). Cahiers Du CeDIE Working Papers No. 2012/01, Available at SSRN: https://ssrn.com/abstract=2088937 or http://dx.doi.org/10.2139/ssrn.2088937

Damien M. B. Gerard (Contact Author)

University of Louvain - CeDIE ( email )

Place Montesquieu, 2
Louvain-la-Neuve, 1348
Belgium

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