Conclusion

Abstract

AbstractCasting the internal product market as a cooperative federal arrangement, this final chapter briefly reviews the role played by the Legislative Priority Rule in supporting this shared legal sphere, as it offers a short summary of previous chapters. While regulatory disputes often arise in the presence of EU product rules, the European Court of Justice can rely on the Rule to resolve these disputes in a manner that ensures respectful coexistence between the Member States and EU, and between national, secondary, and primary law. Key to this equilibrium is the existence of effective regulatory capacity at EU level, which allows the EU legislator to express preferences and distribute power. As the Rule guides the Court in enforcing legislative choice, while respecting the Treaty, Member States can accept the principle of free movement, even if they sometimes disagree with its legal effects. What follows is a Treaty-compliant system to protect and promote the free movement of goods.