Chapter

Liberalizing Europe: The Commission, the Court, and the Creation of a European Market

Mark A. Pollack

in The Engines of European Integration

Published in print March 2003 | ISBN: 9780199251179
Published online November 2003 | e-ISBN: 9780191600111 | DOI: http://dx.doi.org/10.1093/0199251177.003.0006
 Liberalizing Europe: The Commission, the Court, and the Creation of a European Market

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The ability of supranational agents such as the European Commission and Court of Justice to influence policy outcomes in the European Union varies as a function of the control mechanisms established by member governments to limit supranational discretion. Examines three cases of market liberalization representing a range of control mechanisms, in the areas of external trade (negotiation of the Uruguay Round), competition policy (the De Havilland merger decision) and the free movement of goods within the Union (ECJ jurisprudence from Cassis de Dijon through Keck). Taken together, these three case studies suggest that the Commission and the Court have indeed been activist in their mission to establish a single European market, but also that their successes have been limited as a function of the control mechanisms established by member governments to control their discretion.

Keywords: competition policy; discretion; European Commission; European Court of Justice; European Union; free movement of goods; internal market; market liberalization; trade policy

Chapter.  25616 words. 

Subjects: European Union

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