Much talk today about mutual recognition. And much misunderstanding around the way in which the single market operates. A short EU law thread (I've tried to keep it simple, yet tolerably accurate...). 1/
EU law on the free movement of goods is based on mutual recognition. Goods lawfully produced and marketed in one member state, can be freely sold in all the others. If you think about it, that's quite a commitment. So, it's no surprise that it's not an absolute rule. 2/
Instead, it is a presumption. Member states can limit the free movement of goods, if they have good reason to do so (provided that the restriction goes no further than necessary to meet legitimate public interest goal). 3/
The law on justification and proportionality is EU law (based on Art 34 to 36 TFEU). It is applied - routinely - by national courts, who may refer questions of EU law to the Court of Justice. 4/
Member states accept mutual recognition because (I'd say, only because) they have confidence in the regulatory infrastructure, and the efficacy of enforcement mechanisms, in other member states. 5/
Now consider that the UK wants to leave the EU. It says it wants its standards to diverge in areas where the EU has harmonised (or minimum) standards. It wants to weaken enforcement mechanisms. It wants to trade in new ways with the rest of the world. 6/
If it does all that, it will not be able to rely on the EU law principle of mutual recognition. The UK will (as the EU has repeatedly said) no longer be treated as a member state. There will be friction. 7/
It might end up trading with the EU on WTO terms. Or it may seek a free trade agreement, making trade easier. But... there are two key points to note. 8/
First, no free trade agreement can mirror the benefits of single market membership. And second, no free trade agreement with the EU is possible without a commitment to the 'level playing field' (including social and environmental standards). 9/
In short, if you want your rules to diverge, and you want to escape EU scrutiny of your rules... mutual recognition isn't going to get you very far. 10/10
25 years teaching EU law... and *now* people are interested in the workings of the single market...
And couple of links to add. First, this from @tconnellyRTE on the state of play on the level playing field. PS 1/4
And couple of links to add. First, this from @tconnellyRTE on the state of play on the level playing field. PS 1/4
And second, the Commission's latest slides on the level playing field. ec.europa.eu/commission/sit… PS 2/4
It's worth looking at slide 10 on implementation and enforcement. The new regime will depend on 'effective implementation domestically'; and on 'effective enforcement and dispute settlement between the EU and the UK'. But... PS 3/4
There is then reference to 'EU autonomous remedies - interim measures to react quickly to disruptions of the equal conditions of competition in relevant areas'. All rather vague. But it won't be easy to reach agreement with the UK. PS 4/4
