The Legislative Priority Rule and the EU Internal Market for Goods: A Constitutional Approach

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Eadaoin Ní Chaoimh (Guest lecturer in EU law and Legal English, Guest lecturer, Saint-Louis University)

The Legislative Priority Rule and the EU Internal Market for Goods

A Constitutional Approach

Eadaoin Ní Chaoimh (Guest lecturer in EU law and Legal English, Guest lecturer, Saint-Louis University)

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English

Oxford University Press
22 September 2022

EU & European institutions; Courts & procedure; Parliamentary & legislative practice

Series: Oxford Studies in European Law

The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its 'constitutional compass'. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court's sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.

By: Eadaoin Ní Chaoimh (Guest lecturer in EU law and Legal English Guest lecturer Saint-Louis University)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 164mm, Spine: 29mm
Weight: 636g
ISBN: 9780192856210
ISBN 10: 0192856219
Series: Oxford Studies in European Law
Pages: 320
Publication Date: 22 September 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Introduction: The Legislative Priority Rule and the Internal Market for Goods 1: Introduction 2: Regulating the Internal Market for Goods 3: Representation and Control within the Treaty Framework 4: Outline of the Study 2. Foundations: The Principles Underlying the Legislative Priority Rule 1: Introduction 2: The Pre-emption Principle 3: The Presumption of Constitutionality 4: Conclusion 3. Development: From Ad Hoc Guideline to Constitutional Compass 1: Introduction 2: Establishment (1956-1993) 3: Refinement (1990s to the Present Day) 4: Conclusion 4. Application: The Legislative Priority Rule Before the Court 1: Introduction 2: Case-Law Review: Enforcing and Limiting the Effects of EU Product Rules 3: Assessing the Case-Law 4: Conclusion 5. Towards a New Framework for Review 1: Introduction 2: The Current Framework: A Binary Vision of EU Regulation 3: Beyond the Binary Vision 4: Conclusion Conclusion

Eadaoin Ní Chaoimh is a post-doctoral researcher and guest lecturer in EU law and Legal English at Université Saint-Louis, Brussels. She holds a Bachelor Degree in Law and French from Trinity College Dublin (Ireland) and a Masters in EU law from the College of Europe (Bruges, Belgium). Before commencing her PhD, Dr Ní Chaoimh worked in a variety of fields of EU and Irish law, in private practice and civil society organisations.