Trade liberalization provisions in the EC Treaty operate as elements in a general scheme to secure conditions of undistorted competition for extension of trading activity beyond the domestic market into the Community market. The liberalization requirements entailed by these provisions do much to secure reduction of trade obstacles. Together with other requirements embodied in the Treaty, they also facilitate harmonization. They do so by providing a legal framework for reconciliation of what might be seen as a conflict of objectives between a law harmonization policy oriented merely towards market integration as such and a legislative policy oriented towards the substantive quality of regulations, or between 'functional' harmonization designed to secure the establishment of the common market and 'substantive policy' harmonization.1
The existence of such a framework and the capacity of the judiciary to uphold and develop it have much greater significance for integration than might be suggested by analysis relying on the established doctrinal distinction between 'negative' and 'positive' integration.2 This distinction tends to treat liberalization and harmonization as separable processes. In practice under the EC Treaty the two processes may interact.3 When engaged in harmonization, the Community institutions must take account of liberalization requirements4 as well as other requirements embodied in this Treaty,5 and judicial control may be available to ensure that they do so.6____________________
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Publication information: Book title: The Integration of the European Community and Third States in Europe:A Legal Analysis. Contributors: Andrew H. Evans - Author. Publisher: Clarendon Press. Place of publication: Oxford. Publication year: 1996. Page number: 380.