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Lecture 14

Lecture 14 - Feb.5th.pdf

2 Pages
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Department
Political Science
Course Code
POLI 451
Professor
Sven- Oliver Proksch

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Description
Judicial Politics Cont'd The ECJ and Econ. Integration Initially, member states wanted to achieve the single market by harmonizing national practices Problem: Luxembourg compromise - any member state could block anything so there was always someone blocking a harmonizing practice e.g. Italy's prohibition of sale of pasta not made with durum wheat, German beer purity law limiting ingredients, Belgian regulations requiring margarine to be sold only in cube-shaped containers to distinguish it from butter Through ruling, Court established principle of "mutual recognition" for single market Harmonization not necessary for single market De-regulating interpretation of the Treaty Internal Coercion The EU is not a state: it does not have legitimate internal monopoly on the use of coercion to enforce its decision How is the rule of law enforced then? Member states must take appropriate measures to ensure fulfillment of the obligations arising out of Treaties or resulting from acts of the institutions Member states must adapt all relevant national rules to requirements of EU law Applies to all state institutions and all levels of governments According to ECJ, EU does not need own forces Member states are obliged to take all reasonable measures to enforce EU law, including security forces Whose competence? Lisbon Treaty does away with pillar structure and sets out catalogue of competences Areas of exclusive EU competence Shared competence 1. 2. Member states cannot exerc
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