Chapter

Regulating Europe: The Commission, the Court, and the Regulation of the 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/10.1093/0199251177.003.0007
 Regulating Europe: The Commission, the Court, and the Regulation of the 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 regulation representing a range of control mechanisms, in the areas of social regulation (the 1993 Working Time Directive), regional policy (the 1988 and 1993 Structural Fund Regulations) and equal pay for men and women (ECJ jurisprudence from Defrenne through Barber). Taken together, these three case studies suggest that the Commission and the Court have indeed been activist in their mission to establish regulations to govern the 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: discretion; equal pay; European Commission; European Court of Justice; European Union; market regulation; regional policy; sex discrimination; social regulation; Structural Funds

Chapter.  21999 words. 

Subjects: European Union

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