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24 Common Market L. Rev. 361 (1987)
Internal Market following the Single European Act, The

handle is hein.kluwer/cmlr0024 and id is 361 raw text is: Common Market Law Review 24: 361-409 © 1987 Martinus Nijhoff Publishers, Dordrecht - Printed in the Netherlands THE INTERNAL MARKET FOLLOWING THE SINGLE EUROPEAN ACT C.D. EHLERMANN* 1. Introduction 1. To those who were involved in the negotiations for the Single Euro- pean Act, ' the most logical approach to the task of explaining its provi- sions is the historical one. Obviously, this approach cannot provide all the answers. But it is at least one possible route towards a better under- standing, and one that offers a more valuable insight now, only shortly after the conclusion of the negotiations and the entry into force of the Act, than in a few years' time, when the new provisions will have taken on a life of their own. The historical approach has the further advantage that it may be able to dispel some of the doubts voiced by various promi- nent figures as in the following lines: Within a framework that is only vaguely defined, the Single Act affords the Member States fresh scope for unilateral action to pro- tect their national interests. It reduces the legal protection given to the individual. It sets the scene for conflicts within GATT and the European free trade system. By introducing an open-ended time- limit for the establishment of the free internal market, it calls into question much of the relevant case-law of the Court of Justice ... The implementation of the Act [represents] ... on the whole a ma- * Professor, Doctor of laws and Editor of the Common Market Law Review. The opinions expressed in this paper are those of the author alone. This article is an expanded version of a paper delivered at the London-Leiden meeting on 28 June 1986. For previous articles on the Single European Act, see 23 CML Rev. (1986), 743-840 and 24 CML Rev. (1987), 9-40. 1. Single European Act, Suppl. 2/86 of the Bull. of the E.C. Copyright © 2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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