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Mutual Recognition, Functional Equivalence and Harmonization in the Evolution of the European Common Market and the WTO

Joseph H. H. Weiler

Chapter 2 in The Principle of Mutual Recognition in the European Integration Process, 2005, pp 25-84 from Palgrave Macmillan

Abstract: Abstract The creation of a Common Market Place, indeed all trade liberalization regimes, produces an inevitable tension; a tension between the discipline of free trade and the regulatory autonomy of states. This tension is as true for the EU as it is true for the WTO, the NAFTA and all other similar trade regimes. It is structural. One way to reconcile this tension is by harmonization, but that is a heavy handed approach, which is politically difficult and might unnecessarily obliterate legitimate differences between states. The principle of mutual recognition (or as I shall eventually call it, functional equivalence) is an intermediate device which may help in reconciling the basic tension created by regulatory diversity in a single or liberalized marketplace. It cannot, however, be understood outside the general practice of free movement.

Keywords: Member State; Mutual Recognition; Quantitative Restriction; National Treatment; Equivalent Effect (search for similar items in EconPapers)
Date: 2005
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Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-0-230-52435-4_2

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DOI: 10.1057/9780230524354_2

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