mwp2022-1.pdf
(1.19 MB, PDF)
… that Member States themselves cannot perform with equivalent effectiveness.1 Indeed, the capacity to effectively act has been described as ‗the most basic good‘2 for the EU. Such an effectiveness, however, is not a per se value. In fact, it is only when effectiveness serves the purposes of democracy and distributive justice that governance issues are successfully addressed. In turn, arguably, the ineffectiveness of decision-making might undermine the democratic legitimacy and distributive justice … ‗fear that the adoption or amendment of a provision […] may cause distortion‘.38 It seems thus reasonable to draw a parallel with the relationship between paragraphs 4 and 5 of Article 114 TFEU: while Article 116 TFEU (similar to Article 114(4) TFEU) deals with existing provisions, Article 117 TFEU (similar to Article 114(5) TFEU) concerns measures that have not been adopted yet.39 This notwithstanding, the term ‗disparity‘ does not necessarily imply that two or more Member States have different … 119 On the relationship between corporate mobility and regulatory competition see Francesco Costamagna, ‗At the Roots of Regulatory Competition in the EU: Cross-Border Movement of Companies as a Way to Exercise a Genuine Economic Activity or Just Law Shopping?‘ (2019) 4 European Papers 185. 19 treatments to intra-group cross-border transactions.120 On the other hand, ‗general‘ tax competition corresponds to the s.c. ‗race to the bottom‘ in fixing corporate income tax rates.121 The concept of …