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Need an research paper on treaty competences for harmonisation. Needs to be 8 pages. Please no plagiarism.
Need an research paper on treaty competences for harmonisation. Needs to be 8 pages. Please no plagiarism. The history of integration within the EC is inextricably bound with the harmonization project of the EC.
Traditionally, the rationale for harmonization of laws in the European Community has been to level divergent national laws by bringing them into common accord with Community objectives. Certainly, the main objective of the Community’s harmonization project is to create an internal (single or common) market within the EC. Article 3(1)(c) EC sets as a fundamental objective of the Community, the establishment of “an internal market characterized by the abolition, as between the Member States, of obstacles to the free movement of goods, persons, services, and capital”. The Treaty requirements for the abolition of the obstacles to the operation of the four freedoms – free movement of goods, services, persons, and capital – provide the broad policy objective for the establishment of a working single market in the EC.
of obstacles and the realization of an internal market devoid of national regulatory obstacles and divergences. Recognizing this, the EC Treaty provides for the institutions of the Community to make regulations and to take measures aimed at approximating the laws of the Member States of the Community to fit into the internal market objective. Article 94 EC thus provides that:
“The Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the common market.”
The unanimity requirement in Article 94, however, presents problems of agreement in the legislative activities of the Community institutions. Consequently, Article 95 EC allows for a derogation from the unanimity requirements of Article 94 and thus allows the Community legislative institutions, through the procedure of co-decision and qualified majority vote in the Council, to make regulations, directives, or decisions that aim at harmonizing the laws, regulations, and administrative provisions of Member States to bring them into agreement with the Community’s common market objectives. .
