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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Main Author:	Vilija Velyvyte
Format:	Article
Language:	English
Published:	University of Zagreb, Faculty of Law 2016-12-01
Series:	Croatian Yearbook of European Law and Policy
Subjects:	cjeu internal market case law eu institutions balance of powers competences member states
Online Access:	https://www.cyelp.com/index.php/cyelp/article/view/248

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spelling	doaj-096244ac42004a84b00c2a2ab483efa52020-11-25T03:56:57ZengUniversity 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
collection	DOAJ
language	English
format	Article
sources	DOAJ
author	Vilija Velyvyte
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
author_facet	Vilija Velyvyte
author_sort	Vilija Velyvyte
title	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_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_sort	power to shape the internal market: implications of cjeu case law for the eu’s institutional balance
publisher	University of Zagreb, Faculty of Law
series	Croatian Yearbook of European Law and Policy
issn	1845-5662 1848-9958
publishDate	2016-12-01
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.
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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The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU’s Institutional Balance

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