Catherine Barnard and Simon Deakin **
* This paper was first delivered at a workshop on "The Legal Foundations of the Single Market: Unpacking the Premises" held in Cambridge on 27-28 April 2001 and sponsored by the British Academy and the Centre for European Legal Studies at Cambridge entitled. The proceedings of the workshop will be published by Hart Publishing in 2002 in a book edited by C.Barnard and J.Scott.
** Trinity College and Peterhouse, Cambridge respectively. We should like to thank Tammy Hervey for her comments as discussant.
© Catherine Barnard and Simon Deakin 2001