Private Regulation and Public Responsibility in the Internal Market

Summary:

This article discusses the internal market of the European Union (EU) and the effects of regulatory conduct on the internal market.

The paper will illustrate how developments in the internal market have required a development of the doctrine of direct effect. These developments have raised a number of questions about the relationship between direct effect, responsibility, and liability. It will also discuss a number of cases to illustrate the various patterns of cooperation between the State and private parties in the regulation of the market. Consequently, the article will provide criteria to assess when the state is responsible for private regulation. Lastly, it will depict the consequences of public responsibility by illustrating how it can be linked to State liability.