Pieter Van Cleynenbreugel

Meroni Circumvented?: Article 114 TFEU and EU Regulatory Agencies

This paper conceptualizes the somewhat neglected constitutional and constitutive roles of Article 114 TFEU in the establishment and functioning of EU integrated market supervision mechanisms. Relying on a virtually unlimited interpretation of that provision by the Court of Justice, EU institutions and Member States have been able to design an institutional ‘supranational operational support’ narrative that allowed for the expansion of supranational agencies as extensions of national supervisory bodies operating in an EU integrated administration framework. This paper submits that this interpretation of Article 114 TFEU incorporates a template within which a nascent ius commune underlying the organization and operationalization of EU internal market supervision mechanisms can effectively take shape. That template allows for circumvention of some infamous agency delegation limits and grants Member States and national authorities a more direct role in a supranational system of integrated administration. In doing so however, new constitutional problems are created that have not been adequately addressed by the post-Lisbon Treaty framework. This paper identifies those problems and their impact on the emergence of integrated EU market supervision structures.This paper conceptualizes the somewhat neglected constitutional and constitutive roles of Article 114 TFEU in the establishment and functioning of EU integrated market supervision mechanisms. Relying on a virtually unlimited interpretation of that provision by the Court of Justice, EU institutions and Member States have been able to design an institutional ‘supranational operational support’ narrative that allowed for the expansion of supranational agencies as extensions of national supervisory bodies operating in an EU integrated administration framework.This paper submits that this interpretation of Article 114 TFEU incorporates a template within which a nascent ius commune underlying the organization and operationalization of EU internal market supervision mechanisms can effectively take shape. That template allows for circumvention of some infamous agency delegation limits and grants Member States and national authorities a more direct role in a supranational system of integrated administration. In do...

The freedom to receive trade union services: an additional stepping stone for enhancing worker protection within the EU internal market?

This article examines the extent to which the fundamental freedom of the internal market to receive trade union services in a different Member State could be relied on to enhance labour protection ...This article examines the extent to which the fundamental freedom of the internal market to receive trade union services in a different Member State could be relied on to enhance labour protection within the European Union. Arguing that Article 56 TFEU and the 2006 Services Directive in theory can at least play a basic role in this regard, the article offers an overview of the scope and limits of the freedom to receive services in this context. The analysis also assesses the extent to which the cross-border receiving of trade union services could be exploited further as an additional means further to contribute to the realisation of a more social Europe

National Courts and EU Competition Law: Lost in Multilevel Confusion?

This chapter analyses the different ‘help lines’ provided by EU Institutions in support of national judges applying and enforcing EU competition law provisions. It particularly illustrates the different ways in which the European Commission, national competition authorities and the Court of Justice can be involved in national civil or administrative law disputes focusing on EU competition law. The chapter additionally questions whether the multitude of different help lines may cause confusion for national judges and proposes a modest adaptation to the current system in an attempt to alleviate any confusion remaining in that regard.