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

Constana MTUŞESCU ∗

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.