Abolishing the Purely Internal Rule: Insights from the Latest Amendment Proposals of the EU Treaties

This chapter examines the origins, evolution, and codification of the purely internal rule in EU law, as well as its potential abolition in light of recent amendment proposals to the EU Treaties. The purely internal rule excludes situations confined to a single Member State from the scope of the internal market’s fundamental freedoms, resulting in reverse discrimination and limited applicability of the Charter of Fundamental Rights. Drawing on historical precedents and recent legislative developments, the chapter explores the rule’s substantive and procedural exceptions, the foreseeable implications of its abolition, and the necessary institutional reforms to mitigate the potential impact on EU judicial protection and Member States’ regulatory autonomy.