The policy origins of the European economic constitution

Leucht, Brigitte

doi:10.1111/eulj.12255

Cited by 4 publications

(4 citation statements)

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“…Article 100 invested the Commission with the power to propose directives for the approximation of laws to the Council. But non‐tariff barriers to trade – and this applies to national legislation protecting consumers – often simply consisted of different rules in place for goods and services in different countries; while they might not have been enacted to hinder trade, this was their effect (Leucht, 2018).…”

Section: Agenda Setting For Ec Consumer Policy Before Uk Accessionmentioning

confidence: 99%

Beyond 1973: UK Accession and the Origins of EC Consumer Policy

Leucht

2022

Global Policy

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| INTRODUCTION'The private consumer is the last and the least to be consulted as the various policies and practices of the Common Market are being developed' (Consumer Council, 1970, p. 23). This was the condemning evaluation of the director and economic advisor of the British Consumer Council after their visit to the European Commission in Brussels in October 1970. At the time, the United Kingdom (UK) was an aspiring member of the European Community (EC), but not yet a member state. In the UK, consumer representation within state institutions went back as far as the First World War (Hilton, 2003). Whereas the dire assessment of consumer representation in the EC by the British Consumer Council visitors to Brussels is therefore understandable, it should not have come as a surprise. After all, the treaty establishing the European Economic Community (EEC) of 1957 did not require member states to confer general regulatory competences for matters relevant to consumers to the EC (Leczykiewicz & Weatherill, 2016). Consumer representation had not assumed a central position in the EC, and there was no EC consumer policy.Fast forward a decade and we can observe an increase in consumer representation in European institutions promoting the development of a consumer policy. In 1973, a new Environment and Consumer Protection Service (ECPS) was created in the European Commission; the Council of the EC adopted programmes for consumer and information policy in 1975 and 1981; and a raft of consumer protection directives was being developed. Negotiations on these directives stretched over many years, reflecting both the complex regime governing the development of directives and the unanimity requirement in the Council prior to the Single European Act. Finally, the expansion of EC consumer policy went hand in hand with an important shift in the

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Section: Agenda Setting For Ec Consumer Policy Before Uk Accessionmentioning

confidence: 99%

Beyond 1973: UK Accession and the Origins of EC Consumer Policy

Leucht

2022

Global Policy

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“…27 The Europeanisation of UK regulatory governance impacted UK policy-making, its political process and judicial enforcement because of the fundamental constitutional principles of EU law which guaranteed supremacy 28 and direct effect. 29 Both principles restricted regulatory autonomy 30 to the extent that UK regulatory frameworks complied with minimum EU standards. 31 Yet, EU membership did not prevent the UK from pursuing a domestic regulatory agenda which imposed higher domestic standards, subject to compliance with Article 4(3) TEU and the principle of nondiscrimination, thereby confirming Armstrong's assertion that EU regulatory policy exhibits 'high though not uniform levels of Europeanisation'.…”

Section: Europeanisation Of Uk Governancementioning

confidence: 99%

“…28 Case C-64 Costa v E.N .E.L ECLI:EU:C:1964:66. 29 Case 25/62 van Gen den Loos ECLI:EU:C:1963:1. 30 For the constitutional and regulatory impact in the UK of the supremacy of EU law see Case C-213/89 Factortame ECLI:EU:C:1990:257.…”

Section: Europeanisation Of Uk Governancementioning

confidence: 99%

“…In so doing, they should rely on appropriate and relevant Union and international standards (emphasis added), and include appropriate mechanisms to ensure effective implementation domestically, enforcement and dispute settlement.' 66 [29] highlights the importance of proportionality as part of judicial policy in the regulation of the free movement of goods when assessing both distinctly and indistinctly measures, pp. 207-208.…”

Section: Regulatory Challenges For the Future Trade Relationship-can mentioning

confidence: 99%

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De-Europeanisation of UK regulatory governance and the future UK–EU trade relationship

Cygan

2020

ERA Forum

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With the exception of obligations during the transition period until the 31 December 2020, the UK will leave the EU Single Market and will need to negotiate a new regulatory framework for its future trade relationship with EU. The primary issue for the UK will be how much market access it will want to secure and what regulatory obligations will it be required to comply with in return for this. During EU membership, integration led to the UK's regulatory framework becoming Europeanised which ensured the removal of trade barriers and provided for a level playing field of regulatory governance through harmonisation of technical standards and public policy objectives such as environmental standards or employment protection. As part of the future UK-EU trade relationship, the EU will be likely to insist on continuity of high levels of regulatory alignment, but the UK has indicated that it wishes to diverge from EU rules, leaving significant challenges for the UK-EU trade negotiations. This article considers the opportunity for the UK to de-Europeanise its regulatory governance after Brexit and whether and to what extent this will be compatible with negotiating a comprehensive trade agreement with the EU. Keywords Brexit • Regulatory governance • Europeanisation • UK-EU trade relationship The Author would like to acknowledge the support of the ESRC for funding research underpinning this article through its 'UK in Changing Europe Initiative' (Brexit Priority Grant ES/R000646/1 'Parties, Parliament and the Brexit Process'). I would like thank Dr John Paul Salter for his comments on an earlier draft of this article. The usual disclaimer applies.

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The Ambivalence of European Integration: Between Proto-Citizenship and a Shared Nationality

Menèndez

Olsen

2019

Challenging European Citizenship

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The policy origins of the European economic constitution

Cited by 4 publications

References 3 publications

Beyond 1973: UK Accession and the Origins of EC Consumer Policy

Beyond 1973: UK Accession and the Origins of EC Consumer Policy

De-Europeanisation of UK regulatory governance and the future UK–EU trade relationship

The Ambivalence of European Integration: Between Proto-Citizenship and a Shared Nationality

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