Member State Nationalities and the Internal Market: Illusions and Reality
FROM SINGLE MARKET TO ECONOMIC UNION: ESSAYS IN MEMORY OF JOHN A. USHER, Niamh Nic Shuibhne and Laurence W. Gormley, eds., Oxford University Press, 2012, pp. 241-266.
33 Pages Posted: 20 Nov 2011 Last revised: 28 May 2016
Date Written: November 19, 2011
This paper looks at the profound influence of EU citizenship and the Internal Market on the legal regulation of the areas where EU Member States retain full competence, using Member State nationalities as a case-study. In the context of a constant rise in the importance of the EU, and unavoidable growth in economic interdependence in Europe, the array of fields of law which come to be subjected to the indirect influence of the Internal Market is only likely to grow, presenting the division of competences between the Member States and the Union in a somewhat different light compared with what can be read in the Treaties. In a way, as long as the importance of European integration is growing it becomes much less important whether the Union actually has competence in regulating a certain area, since the national regulation by the Member States will necessarily take the changing reality into account, adapting national law to the Internal Market.
Keywords: EU law, internal market, indirect regulation, EU citizenship, nationality, governance, competence, federalism, Europe
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