Considerations on the using of alternative mechanisms designed for solving the internal market problems

Author:Constanta Matusescu
Position:Lecturer, Ph.D., Faculty of Law and Social and Political Sciences, ?Valahia' University, Târgoviste
Pages:169-180
Constanta Matusescu
169
LESIJ NR. XVIII, VOL. 2/2011
CONSIDERATIONS ON THE USING OF ALTERNATIVE
MECHANISMS DESIGNED FOR SOLVING
THE INTERNAL MARKET PROBLEMS
Constana MTUŞESCU
Abstract
The European Commission has undertaken in recent years into a comprehensive and
ambitious approach to improve the application of Union law, in which he proposed better
coordination of the various instruments of European governance without resorting to additional
regulations. Emphasis was placed on enhancing the partnership with Member States, of
preventative measures, the more effective use of infringement proceedings, on enhancing dialogue
and transparency between European institutions and improving the way public information is
shared and, not least, on the introduction of new tools to facilitate informal solving of problems.
Most of these new devices controls are informal instruments, with non-legislative nature, but
which aims to increase the degree of law respecting with obligatory nature.Their implementation
involves, primarily, increased cooperation and coordination between Member States
administrations. Based on informal analysis of some of these tools, we propose in this paper to
evoke how the contributions they can domestic law enforcement market, but also the impact that
these mechanisms have on the national administrative system, serving at the targeting policies of
the Member States and representing vectors of a normative action.
Keywords: The European Union, European law, European governance, internal market,
informal mechanisms
Introduction
Over the last decades we have witnessed across the European Union an evolution of the
European political system, meaning a bigger flexibility: a smoother coordination process, the
emergence of several control mechanisms with alternative and informal character, the
multiplication of new types of public tools, less constraining for the member states than the classic
tools describing the community method (statutes, directives). A greater importance is attached to
deliberating and taking counsel, the institutional system is getting more complex, thus creating
multiple independent structures, the horizontal logistics is constantly developing, the definition of
common objectives is the heart of the matter and the focus is rather on how the public action is
being taken than its content.
But the use of this type of instruments does not exclusively belong to the European Union.
Similar mechanisms have been developed both at national level, across most of the western states
(even for fields which are not directly submitted to European integration), and international law
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Lecturer, Ph.D., Faculty of Law and Social and Political Sciences, „Valahia” University, Târgovişte; (e-mail:
constanta_matusescu@zahoo.com). This work was supported by CNCSIS-UEFISCSU, project number PN II-RU,
code 129, contract 28/2010.

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