This project focuses on the competition among rules which results from the application of mutual recognition. Regulatory competition is a governance model specifically used in multi-level political systems and it currently needs to be approached from the standpoint of both Spanish and EU Law. The project aims at clarifying competition among rules by means of both an analytical and a constitutional approach. It will therefore study, on the one hand, its regulatory purposes, requirements and main forms, and on the other hand, the issues that it poses from the perspective of its legitimacy, as well as its impact on several constitutional principles.
The specific goals of the project condition its methodological requirements and the work plan. We will first undertake a comparative research of the operation of different versions of mutual recognition in the most important policy areas in which it applies, including market freedoms in Spain and the EU, fundamental rights in EU law, European social policy, transnational administrative decisions, private EU law, and criminal law and procedure in the area of security, liberty and justice.
Making use of the results of this first sector-based research, a second study will be carried out, in which competition among rules will be faced as a regulatory model usually employed in multi-level political systems. The purpose of this research is twofold. On the one hand, regulatory competition arising from the application of different versions of mutual recognition will be analyzed, aiming at improving knowledge as regards its structure and main forms, its political foundations, as well as the main regulatory functions that it performs. On the other hand, this research aims at exploring the constitutional requirements of regulatory competition in the various areas where it applies –in terms of both EU and national law–, in order to suggest assessment criteria regarding its democratic legitimacy and its impact on the relevant constitutional principles of substantive nature.