The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional Balance
This paper is concerned with the implications of CJEU internal market case law for the balance of powers between the EU institutions. It argues that the Court’s case law involving the areas of domestic policy reserved by the Treaty predominantly for the competence of the Member States creates an int...
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| Format: | Article |
| Language: | English |
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University of Zagreb, Faculty of Law
2016-12-01
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| Series: | Croatian Yearbook of European Law and Policy |
| Subjects: | |
| Online Access: | https://www.cyelp.com/index.php/cyelp/article/view/248 |
| _version_ | 1819000857904021504 |
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| author | Vilija Velyvyte |
| author_facet | Vilija Velyvyte |
| author_sort | Vilija Velyvyte |
| collection | DOAJ |
| description | This paper is concerned with the implications of CJEU internal market case law for the balance of powers between the EU institutions. It argues that the Court’s case law involving the areas of domestic policy reserved by the Treaty predominantly for the competence of the Member States creates an inter-institutional dynamic that restrains the rule-making capacity of the EU legislature. This dynamic seems to undermine the EU law principle of institutional balance because it either (i) prevents EU-level legislative action, or (ii) predetermines its content, or (iii) makes it devoid of practical force through expansive judicial interpretation of secondary legislation. |
| first_indexed | 2024-12-20T22:39:59Z |
| format | Article |
| id | doaj.art-096244ac42004a84b00c2a2ab483efa5 |
| institution | Directory Open Access Journal |
| issn | 1845-5662 1848-9958 |
| language | English |
| last_indexed | 2024-12-20T22:39:59Z |
| publishDate | 2016-12-01 |
| publisher | University of Zagreb, Faculty of Law |
| record_format | Article |
| series | Croatian Yearbook of European Law and Policy |
| spelling | doaj.art-096244ac42004a84b00c2a2ab483efa52022-12-21T19:24:29ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582016-12-0112254710.3935/cyelp.12.2016.248The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional BalanceVilija Velyvyte0Brasenose College, University of OxfordThis paper is concerned with the implications of CJEU internal market case law for the balance of powers between the EU institutions. It argues that the Court’s case law involving the areas of domestic policy reserved by the Treaty predominantly for the competence of the Member States creates an inter-institutional dynamic that restrains the rule-making capacity of the EU legislature. This dynamic seems to undermine the EU law principle of institutional balance because it either (i) prevents EU-level legislative action, or (ii) predetermines its content, or (iii) makes it devoid of practical force through expansive judicial interpretation of secondary legislation.https://www.cyelp.com/index.php/cyelp/article/view/248cjeuinternal marketcase laweu institutionsbalance of powerscompetencesmember states |
| spellingShingle | Vilija Velyvyte The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional Balance Croatian Yearbook of European Law and Policy cjeu internal market case law eu institutions balance of powers competences member states |
| title | The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional Balance |
| title_full | The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional Balance |
| title_fullStr | The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional Balance |
| title_full_unstemmed | The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional Balance |
| title_short | The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional Balance |
| title_sort | power to shape the internal market implications of cjeu case law for the eu s institutional balance |
| topic | cjeu internal market case law eu institutions balance of powers competences member states |
| url | https://www.cyelp.com/index.php/cyelp/article/view/248 |
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