%0 Journal Article
%T The Power to Shape the Internal Market: Implications of CJEU Case Law for the EU¡¯s Institutional Balance
%A Velyvyte
%A Vilija
%J -
%D 2016
%X Sa£¿etak This paper is concerned with the implications of CJEU internal market case law for the balance of powers between the EU institutions. It argues that the Court¡¯s case law involving the areas of domestic policy reserved by the Treaty predominantly for the competence of the Member States creates an inter-institutional dynamic that restrains the rule-making capacity of the EU legislature. This dynamic seems to undermine the EU law principle of institutional balance because it either (i) prevents EU-level legislative action, or (ii) predetermines its content, or (iii) makes it devoid of practical force through expansive judicial interpretation of secondary legislation
%U https://hrcak.srce.hr/index.php?show=clanak&id_clanak_jezik=257222