Internal Market Legislation and Dissensus over Liberal Democracy
(2026) The Palgrave Handbook of Dissensus over Liberal Democracy in Europe — ISBN: [9783032224804], 429-443, published
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- Internal market legislation is increasingly used to pursue non-market goals, including the protection of fundamental rights, the rule of law, and democracy. Internal market powers, especially those of Article 114 TFEU, allow, in principle, for a broad, functional, and “technocratic” use of the EU’s competence that is shielded from the most salient political questions. We argue that, by dissolving political conflicts into a narrower need to remove obstacles to free movement—i.e. obstacles that stem directly from disagreements at the national level—the internal market provides an answer to the growing dissensus over liberal democracy in Europe. Our analysis is built on three cases studies, based on three recent pieces of legislation: the European Media Freedom Act, the Regulation on Political Advertising, and the Corporate Sustainability Due Diligence Directive. The present chapter serves to illustrate the opportunities offered by the internal market to overcome the dissensus on EU values and to highlight the challenges and limits attached to this practice.
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Delhomme, V., & Rizcallah, C. (2026). Internal Market Legislation and Dissensus over Liberal Democracy. In Ramona Coman et al. (ed.), The Palgrave Handbook of Dissensus over Liberal Democracy in Europe (pp. 429-443). Springer Nature Switzerland. https://doi.org/10.1007/978-3-032-22481-1_23