The principle of mutual recognition in the European integration process

Abstract:

European harmonisation is denounced by the anti-Europe lobbyists as denying Member States sovereign control of its laws and practices. Their argument moves from the point that some central bureaucracy without democratic accountability will set the standards. Mutual recognition moves from the point of accepting and valuing diversity without segregating it and rests upon the bond of reciprocal respect. This collection of essays takes a closer look at mutual recognition and its role in the integration process.

The work comprises six essays, the first of which gives the historical background and the implicit guiding philosophy of nurturing ‘unity not uniformity’. The second essay explores the history of developing mutual recognition through a study of cases before the European Court of Justice (ECJ) over the period from the mid-1960s to the late 1990s. Essay three examines the costs and benefits of the mutual recognition application to European commodity and service markets, comparing its contribution with that of the alternative approaches of market liberalisation and approximation. The fourth essay explores the barriers to free movement of persons arising from the constraints of professional qualifications not enjoying mutual recognition through misunderstanding of the Directive on the mutual recognition of diplomas, certificates and other evidence of formal qualification. Essay five considers the paradox arising from the comparative treatment of commodity, capital, and services markets, which to a certain extent endorse the principle of mutual recognition with that of European labour markets - where mutual recognition is labelled ‘social dumping’ and the principle of equal treatment is interpreted to protect the interests of national workers from the competition of other European workers. The final essay looks at the cultural foundations of mutual recognition and hoists the standard of mutual recognition as the most harmonious way forward for European integration.

The work will interest scholars, students, researchers and policy makers engaged in European integration.