European law replacing the national laws


Problem:

The development of the European Union has not lead to the creation of a single European Law replacing the national laws. Instead the European Union focuses on the harmonization of national laws only to the extent that is required for the functioning of the Common Market and the principles of free movement. In many fields, the Member States maintain thus different legislations, creating a competition between their legal systems.

Taking example on the case law in the field of free movement, explain whether you think that this legislative competition creates a "race to the bottom", i.e. weakening legal protections and guarantees, or a "race to the top".

The book as support is "EU Internal Market Law, by Gareth Davies, 2nd Edition, London: Cavendish.

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Business Law and Ethics: European law replacing the national laws
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