From Hard to Soft: Governance in the EU Internal Market

In: The Cambridge yearbook of European legal studies: CYELS, Band 15, S. 101-137

Abstract

AbstractAt least three generations of governance methods have been—and are still being—used for the regulation of the internal market: the classic EU method, leading to harmonisation and (more rarely) unification; the 'new approach' based on mutual recognition and the use of standards; and 'new governance' which does not entail any formal delegation of powers to the EU and operates through self-regulation, the creation of EU agencies and networks, administrative cooperation and other means of open coordination. It is impossible to establish either a hierarchy or a clear chronological order between these methods, while it is also quite difficult to reach a clear conclusion as to their efficiency. What is certain is that all methods of governance are under constant adjustment and that they all feed into one another in order to secure the smooth operation of the internal market. The interaction between these methods is the topic of the present chapter.