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Mutual Recognition, Functional Equivalence and Harmonization in the Evolution of the European Common Market and the WTO

In: The Principle of Mutual Recognition in the European Integration Process

Author

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  • Joseph H. H. Weiler

Abstract

The creation of a Common Market Place, indeed all trade liberalization regimes, produces an inevitable tension; a tension between the discipline of free trade and the regulatory autonomy of states. This tension is as true for the EU as it is true for the WTO, the NAFTA and all other similar trade regimes. It is structural. One way to reconcile this tension is by harmonization, but that is a heavy handed approach, which is politically difficult and might unnecessarily obliterate legitimate differences between states. The principle of mutual recognition (or as I shall eventually call it, functional equivalence) is an intermediate device which may help in reconciling the basic tension created by regulatory diversity in a single or liberalized marketplace. It cannot, however, be understood outside the general practice of free movement.

Suggested Citation

  • Joseph H. H. Weiler, 2005. "Mutual Recognition, Functional Equivalence and Harmonization in the Evolution of the European Common Market and the WTO," Palgrave Macmillan Books, in: Fiorella Kostoris Padoa Schioppa (ed.), The Principle of Mutual Recognition in the European Integration Process, chapter 2, pages 25-84, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-0-230-52435-4_2
    DOI: 10.1057/9780230524354_2
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    Cited by:

    1. Wolfgang Kerber & Roger Van den Bergh, 2008. "Mutual Recognition Revisited: Misunderstandings, Inconsistencies, and a Suggested Reinterpretation," Kyklos, Wiley Blackwell, vol. 61(3), pages 447-465, August.
    2. Alina D. Szypulewska-Porczyńska, 2012. "Znaczenie zasady wzajemnego uznawania dla integracji rynków usług w Unii Europejskiej," Gospodarka Narodowa. The Polish Journal of Economics, Warsaw School of Economics, issue 5-6, pages 79-97.

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