ABSTRACT
Rules in the Single Market can take a number of forms. Rules may be formal or informal; imposed or negotiated; prescriptive or discretionary in the manner of their implementation; evolving over time (e.g. see Wilks 1992) or rigorously specified from the beginning; they may be interpreted and developed through case law in the European Court; they may depend on the efforts and actions of professional bodies (Brazier et al. 1992) or standard setting bodies and national regulatory agencies for their implementation. They may constitute elements of ‘hard law’ where rules are imposed and enforced through formal regulation or take the form of ‘soft law’, including elements of self-regulation, where a more flexible and interpretative approach is adopted. Whatever the format, the overriding purpose is the opening up of the Single Market and the emphasis on allowing continuing evolution in rule-making and, through the process of competition among rules driven by the corporate sector, the convergence upon best practice.
