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Limits of Law in the Multilevel System: Explaining the European Commission's Toleration of Noncompliance Concerning Pharmaceutical Parallel Trade

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  • Yaning Zhang

Abstract

This article aims to explain the under‐researched phenomenon of why the European Commission (the Commission), as ‘guardian of the Treaties’, tolerates member states’ noncompliance with the EU law. While major accounts of selective enforcement depict the Commission as a self‐serving political entrepreneur, this paper assumes that it is a trustee guardian of EU treaties that aims to safeguard the stability and integrity of the EU legal order. For this purpose, the Commission is theorized to strategically utilize toleration of noncompliance to evade jurisdiction overlap and norm collision. Relying on the detailed tracing of the Commission's enforcement leniency towards Slovakia regarding pharmaceutical parallel trade, this illustrative case study indicates that toleration of noncompliance is a necessary evil for the Commission and other stakeholders to navigate through a legal and political impasse. And it simultaneously preserves the delicate integrity of the existing legal order of EU free movement law.

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  • Yaning Zhang, 2022. "Limits of Law in the Multilevel System: Explaining the European Commission's Toleration of Noncompliance Concerning Pharmaceutical Parallel Trade," Journal of Common Market Studies, Wiley Blackwell, vol. 60(4), pages 1001-1018, July.
    • Handle: RePEc:bla:jcmkts:v:60:y:2022:i:4:p:1001-1018
    DOI: 10.1111/jcms.13295
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    1. Giandomenico Majone, 2001. "Two Logics of Delegation," European Union Politics, , vol. 2(1), pages 103-122, February.
    2. Moritz Weiss & Michael Blauberger, 2016. "Judicialized Law-Making and Opportunistic Enforcement: Explaining the EU's Challenge of National Defence Offsets," Journal of Common Market Studies, Wiley Blackwell, vol. 54(2), pages 444-462, March.
    3. Fjelstul, Joshua C. & Carrubba, Clifford J., 2018. "The Politics of International Oversight: Strategic Monitoring and Legal Compliance in the European Union," American Political Science Review, Cambridge University Press, vol. 112(3), pages 429-445, August.
    4. Greer, Scott L., 2021. "Health, federalism and the European Union: lessons from comparative federalism about the European Union," Health Economics, Policy and Law, Cambridge University Press, vol. 16(1), pages 90-103, January.
    5. Rodolphe Munoz, 2006. "The Monitoring of the Application of Community Law: The Need to Improve the Current Tools and an Obligation to Innovate," Jean Monnet Working Papers 4, Jean Monnet Chair.
    6. Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie, 2000. "Legalized Dispute Resolution: Interstate and Transnational," International Organization, Cambridge University Press, vol. 54(3), pages 457-488, July.
    7. Bernard Steunenberg, 2010. "Is big brother watching? Commission oversight of the national implementation of EU directives," European Union Politics, , vol. 11(3), pages 359-380, September.
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