Christopherson Knott Fellow's Seminar - The Changing Legal Structure of the EU Internal Market

Abstract

What philosophy informs the European Union’s internal market? In the history of European integration three market models can be distinguished: an international model, a federal model, and a national model. Under the international model, each State commits itself to limiting its external sovereignty, while it retains internal sovereignty over its national market. By contrast, the federal model accepts that within a “common market” States must lose a part of their internal sovereignty; and in line with the principle of “home state” control, goods are generally entitled to be freely sold on a “foreign” market once they comply with the law of their home state. Finally, according to the “national” market model, all trade restrictions that are above a – legislative or judicial – Union standard must be removed. The paper argues that the EU internal market – and in particular the structure of its law – has generally evolved from an international to a federal market philosophy.

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