Published online by Cambridge University Press: 13 July 2009
In spite of the need for harmonisation resulting from the internal market, competition between rules has increased considerably during the last years. Several factors have contributed to this development, in particular the principle of mutual recognition, the new method for harmonisation, the decreasing sensitivity with respect to differences in the costs of production and the principle of subsidiarity. The use of the directive as the privileged instrument for harmonisation is contrary to the principle of subsidiarity at the level of control of Community rules. It is therefore appropriate to substitute framework regulations to directives in order to facilitate the control of implementation by interested individuals and companies.
* A version of this article in German appeared in Integration No. 1, 1995. A version in French was published in Revue du Marché commun et de l'Unide Européenne, N∘ 387, 1995.
† Professor, European University Institute, Florence.