The Internal Market as a Legal Concept

This book examines the complexities of the internal market as a legal concept, highlighting its ambiguous nature and the choices made by the EU regarding regulatory structures.

In The Internal Market as a Legal Concept, Stephen Weatherill delves into the complexities surrounding the notion of the internal market within the European Union. He explores how this concept, while foundational to the EU's objectives, remains ambiguous and multifaceted. The author provides a thorough examination of the vertical distribution of competences between the EU and its Member States, as well as the horizontal distribution of powers among the EU's legislative institutions and the Court. This analysis is crucial for understanding the varied regulatory environments that exist across different jurisdictions.

Weatherill argues that while countries like the United Kingdom, Germany, and France all possess internal markets, the EU's pursuit of a cohesive internal market is complicated by differing regulatory policies and law-making competences. The book illustrates that these internal markets can range widely in structure, from decentralized systems encouraging inter-jurisdictional competition to highly centralized frameworks where powers are concentrated in the central authority. This spectrum of internal markets highlights the diverse choices made by various jurisdictions and their implications for regulatory practices.

Although The Internal Market as a Legal Concept does not focus on Brexit, it addresses misconceptions surrounding the internal market, particularly the notion that it can be reduced to a simple deregulatory agenda. Weatherill effectively counters this argument by referencing EU constitutional law and legislative practices, emphasizing the importance of understanding the internal market as a complex legal construct rather than a mere economic exercise.