Tensions within the Internal Market
Legal tensions exist in the relationship between horizontal and flanking policies within the European Community, due to EC Treaty provisions which set certain limitations. In this study, such tensions are analyzed on the basis of the case law of the European Court of Justice, the decision practice of the European Commission in competition cases, and Community harmonization measures in the fields of the environment, consumer policy, public health, and culture. From the perspective of both the member state and the Community, would it be possible to really attain closer harmony between free movement, competition, and horizontal and flanking policies? What can national bodies-such as the national legislature, the national competition authority, and the national court-and Community bodies-in particular the European Court of Justice, the European Commission, and the Community legislature-do to control and ultimately resolve this problem of tension? In the end, would it not be better to re-organize and re-define the EC Treaty in respect of horizontal and flanking policies? This study provides answers to these and other questions.
Publication Date: 2/15/2006