Single market fragmentation. The influence of the public decision system’s features upon the national decision system: A case study of the Romanian Eco-duty

The concern for improving the functioning of the single market pertains both to the European decision authorities and to those of the Member States of the European Union. If we take into account the specificities of the European space development (Nedergaard, 2007, Matei and Matei, 2012) in understanding the single market building, as the effect of both the enlargement and the institutional evolution of the EU, of the public management practices and their specific legislation (European institutions), we believe that the integrated political approach of the single market is the fundamental condition of its existence. In support of those assertions we underline: 1) The specificity of the European decision-making system, the existence of three levels of decision – supra-systemic, systemic and under-systemic built under the European Treaties. 2) The distribution of powers between the European and national level, of the Member States based on the principles of action. 3) The European Regulatory Policy. 4) The convergence of the economic policies and the long term social impact, highlighting the involvement of the relevant actors in the single market. The improvement of the single market functioning by removing the administrative obstacles that restrict the exercise of one or more of the four fundamental freedoms of the EU, is the European priority and is found in the documents such as Europe 2020, COM(2012) 756/14.12.2012, COM(2012)164/4.4.2012. The problem regarding the movement of goods and citizens pertaining to the existence of barriers affecting the cross-border activities, despite of the single market shall be analyzed in relation to the problem of vehicles pollution. The pollution is on the priority list of the European Union (Treaty establishing the European Community (Art. 174/130r – EC Treaty establishing the polluter pays principle (PPP)). Therefore, the European Union is entitled to adopt measures under Article 114 TFEU in order to ensure the proper functioning of the single market for vehicles. The multilevel governance system of climate policy presents both opportunities and challenges for policy makers […] the capacity of decision makers operating at any one level can be enhanced or (more frequently) constrained by the policies at other levels (National Research Council, 2010: 318), e.g. the case of the Romanian taxregister (Dinu, 2011: pp. 25-39). The same problem pertaining to the subsidiarity and the environment is underlined by Pelkmans (2003