Challenges in Keeping the Balance between the Member-State Competencies and Rules of the EU Single Market

Abstract

The purpose of this paper is to examine restrictions and different types of discriminations in order to determine the ways national rules hindering interstate trade and movement, are in conflict with Treaty of the Functioning of the European Union (TFEU) provisions. Particular attention would be paid on intersection of the EU and Member States competencies as well as
their division by the means of negative integration inevitably affecting regulatory powers of the Member States. Furthermore, we will study how Court using derogations to the free movement, endeavours to maintain the balance between exercising state competencies, mostly deriving from the State sovereignty and implementation of the EU Legislation necessary for effective functioning of the single market.