Origin and Meaning of Mutual Recognition as Foundational Principle in the European Integration Process
Author | : Alexander Hoogenboom |
Publisher | : |
Total Pages | : |
Release | : 2014 |
ISBN-10 | : OCLC:1308851702 |
ISBN-13 | : |
Rating | : 4/5 (02 Downloads) |
Book excerpt: The principle of mutual recognition is an eminently important principle in the European integration process. In its basic application the principle provides that a 'good' lawfully produced in one of the Member States of the EU, must be accepted without any restrictions in another Member State. The classic narrative sees the principle as having been introduced by the Court of Justice of the European Union in the famous case of Cassis de Dijon, after which it was subsequently applied to other areas of the integration process as a convenient 'middle way' (in between full harmonisation of legislation and simple rules prohibiting discriminatory treatment between the Member States). The purpose of this paper is, however, to argue that the principle has a deeper philosophical and historical understanding, drawing upon the work of both Fukuyama and Kant, and suffuses the European project more generally. A second objective is to see how this conceptualisation allows for a better understanding of the legal framework as developed by the Court of Justice.