Mutual recognition in goods. On promises and disillusions

Abstract

Mutual recognition (MR) is rightly applauded as an ingenious innovation. Nevertheless, it is very demanding in actual practice. The article addresses the pros and cons of MR in EU goods markets and seeks to find effective remedies to be applied by the authorities and, to some extent, by business. MR is a demanding form of ‘governance’. Not only should judicial MR be distinguished from regulatory MR, but MR is best understood when placed in a context of alternative ways of accomplishing free movement in the internal market. A critical distinction in the regime consists in the way existing barriers to free movement are tackled as against potential barriers caused by new legislation in member states. At the same time MR is associated with many substantial benefits and costs, in particular for judicial MR. The article explores several routes which would result in more and better MR.

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