ECON 1 Lecture 11:
Document Summary
Internal market: product regulation: race to the bottom: create a "floor"" (minimum harmonization, transboundary nature of the problem, etc. History: first environmental action proram 1973 no specific legal basis other than internal market and catch all provision, single european act 1986 specific basis. Qmv for internal market measures: since maastricht 1992 qmv is the rule. 4 tfeu: = mixed competence (hence subsidiarity applies: art. Why is there so much environmental law: ms first underestimated costs (d 76/160/eeg bathing water, d 79/409/eeg birds, after maastricht: qmv, agreeing to measures that are necessary and for which the eu offers the perfect cover. Internal market (harmonisation( vs. ecological complexity: scientific uncertainty, precaution and wto, enforcement: member states marking their own exam scripts. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between member states. This is not a basis for justifying national barriers to trade. C -302/86 deense flessen en rule of reason.
