Law-Making and Adjudication for the Internal Market: The Role of Economic Reasoning

19 Pages Posted: 4 Nov 2020

See all articles by Jens-Uwe Franck

Jens-Uwe Franck

University of Mannheim - Department of Law

Date Written: September 16, 2020

Abstract

This paper assesses the extent to which economic arguments may or must influence law-making and adjudication related to the internal market of the EU. Therefore, the normative foundations of the internal market as an instrument of EU law are investigated. Consequences in regard to the internal market competence (Article 114 TFEU) and the choice of regulatory level, ie the EU legislature's choice to harmonise or not to harmonise, are discussed. Using various examples related to the EU fundamental freedoms and EU secondary law, it will be shown that there is indeed scope for economically sound arguments and that there is added value to be gained by including them.

Keywords: EU law, internal market, law and economics, economic constitution, choice of regulatory level, fundamental freedoms

JEL Classification: F10, F15, K00, K20, K33

Suggested Citation

Franck, Jens-Uwe, Law-Making and Adjudication for the Internal Market: The Role of Economic Reasoning (September 16, 2020). Available at SSRN: https://ssrn.com/abstract=3694273 or http://dx.doi.org/10.2139/ssrn.3694273

Jens-Uwe Franck (Contact Author)

University of Mannheim - Department of Law ( email )

Schloss Westfl├╝gel
Mannheim, 68131
Germany

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