No Picking and Choosing: The Unity of the Four Freedoms

Abstract

The European Union’s single market is based on four fundamental freedoms: the free movement of goods, services, people and capital. The indivisibility principle suggests that these freedoms operate together rather than separately and cannot be separated. However, the indivisibility principle has been subject to debate, one factor being temporary derogations that have been permitted under some circumstances, which raises the question: what does the indivisibility principle entail and are the freedoms truly indivisible? This study analyzes these questions by examining the principle of indivisibility in the EU’s internal market. The study examines the development of the internal market and the legal foundations, functional rationale, and practical implications of the indivisibility principle through primary EU law sources, including the Treaties, and secondary literature on the EU internal market law. The Brexit case study illustrates the indivisibility principle further. Opposition against "cherry-picking" by Member States highlights the EU’s determination to maintain the European integration and prevent internal market fragmentation. The findings suggest that the indivisibility principle functions as both a legal and a political tool, protecting the unity of the EU’s single market while allowing for flexibility when needed.