The Tailor-Made Implementation of the 28th Regime

In an increasingly competitive world, the European Union is facing a pivotal moment for its political and economic development. To safeguard and enhance its wealth, the EU must strengthen its single market, which remains fragmented and therefore highly ineffective. In this context, recent academic and policy studies have revived interest in the establishment of a so-called “28th regime”, conceived as an optional European legal framework operating alongside the twenty-seven national regimes. This regime would be voluntarily adopted by companies and economic operators engaged in cross-border activities, particularly in large-scale cross-border projects that require EU-level procedures, thereby bypassing fragmented local regulatory frameworks. The purpose of this study is to identify the most suitable pathways for implementing such a legal tool. This paper analyses barriers to the internal market, evaluates EU tools for cross-border activities and the potential of the European cross-border association, and compares foreign harmonization models to define the potential scope of a European optional business code. Finally, the research evaluates the appropriateness of enhanced cooperation as a legal foundation for the implementation of the 28th regime, taking into account its institutional framework and political feasibility. The study concludes that enhanced cooperation, understood as an instrument of last resort, could facilitate the creation of the 28th regime if alternative ways prove unfeasible. However, the effectiveness of the 28th regime depends not only on its legal design, but also on a shared political consensus capable of reconciling innovation with legal certainty. Its viability ultimately rests on a unified commitment to an integration model that balances flexibility with uniformity, while remaining consistent with EU institutional oversight and the interpretive authority of the Court of Justice.

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https://works.eurac.edu/DiGoP-04-2025-Marco-Fonte-The-Tailor-Made-Implementation-of-the-28th-Regime.pdf