L'établissement des règles des marchés nationaux ou régionaux :
SUMMARY ESTABLISHING RULES FOR NATIONAL OR REGIONAL MARKETS : FROM STATES ACTING AS SOVEREIGN REGULATORS TO ORGANISATIONS OF REGIONAL INTEGRATION SERVING AS PROMOTORS, PROTECTORS, AND INTERMEDIARIES The objective of this contribution is double. It first of all seeks to single out several impor...
Enregistré dans:
| Auteur principal: | |
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| Format: | Article ou chapitre numérique |
| Langue: | Français |
| Publié: |
2003
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| Accès en ligne: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Résumé: | SUMMARY ESTABLISHING RULES FOR NATIONAL
OR REGIONAL MARKETS : FROM STATES ACTING
AS SOVEREIGN REGULATORS TO ORGANISATIONS OF
REGIONAL INTEGRATION SERVING
AS PROMOTORS, PROTECTORS, AND INTERMEDIARIES
The objective of this contribution is double. It first of all seeks to single out several
important factors that may lead States to turn to regional economic integration in
order to regulate their market and to protect their interests. It then examines whether
and how the role of a State may further change, subsequent to the opening of the
markets and the ensuing pressure of regionalisation or globalisation. The European
integration process in a wide sense is taken as an example including references not
only to the European Union but, also, to the European Economic Area, the Customs
Union with Turquie and the Europe Agreements where relevant.
In particular the following questions are addressed. What rationale has led the
European States to engage in a regionalisation process ? Is European economic
integration to be understood in terms of economic reasoning, for instance the
necessity to prevent a regulatory race-to-the bottom or the presence of inter-state
externalities ? What importance is to be given to the historical context ? Should a
distinction be made between the reasons for attributing regulatory powers to the
European level and those aiming to determine how and when joint regulatory
competence may be exercised and controlled by the States, for instance through the
principle of subsidiarity ? Can one discern an interaction between the processes of
regionalisation and globalisation ? Another very important question is what
dynamics have been created by the initiation of the regulatory regionalisation
process itself ? It is apparent, for instance, that the internal market objective as
written into the Treaty and interpreted by the European Court of Justice may have
far-reaching consequences for the Member States as regulators. Attention is inter
alia drawn to the implications for the legislative role of Member States of the
introduction of principles, such as mutual recognition or implied powers, by virtue
of case law.
The complexity of the subject matter under study is illustrated by the fact that there
is no unequivocal answer to the question of how the process of European economic
integration is to be qualified. Is it still mainly a voluntary project to regulate the
market in common or is there nowadays a necessity for European States to join a
bigger market ? An answer could be that it is inherently a mixture of both but that the
balance will shift according to the specific country and period under consideration.
There are essentially two sets of conditions underlying European economic
integration. Firstly, it is apparent that in order to benefit fully from the advantages
created by the internal market and to exert an influence on its further regulatory
development, a State has to manifest the political willingness to be fully associated
with the European project and to transfer part of its sovereignty to the European
Union. Secondly, besides the political willingness, there are important political and
economic conditions that need to be fulfilled before a State may become a Member
of the European Union. To the extent that either one of those conditions is lacking
European economic integration will necessarily have to proceed on the basis of the
so-called géométrie variable model. The classical regulatory role of the State
concerned is thereby more, or less, maintained according to the solution retained.
Examples of the latter include not only the Europe Agreements and the Customs
Union with Turquie, but also the possibility for reinforced co-operation between the
Member States and the creation of the European Economic Area. By way of
conclusion it is maintained that the absence of similar conditions underlying the
globalisation process makes it very difficult to merely transpose the European
internal market rules and logic to a worldwide level. |
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