
Contents
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3.1 Theorizing altruistic ToN: coping with inherent limits of the EU legal order 3.1 Theorizing altruistic ToN: coping with inherent limits of the EU legal order
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3.1.1 The multilevel system and the inherent deficiencies of the legal order 3.1.1 The multilevel system and the inherent deficiencies of the legal order
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3.1.2 Altruistic ToN: evading the inherent deficiencies of law and the resulting dilemma of litigation 3.1.2 Altruistic ToN: evading the inherent deficiencies of law and the resulting dilemma of litigation
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3.1.3 Scope conditions of altruistic ToN 3.1.3 Scope conditions of altruistic ToN
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3.2 The Commission tolerated the restrictive measures against pharmaceutical parallel export 3.2 The Commission tolerated the restrictive measures against pharmaceutical parallel export
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3.3 Explaining the Commission’s ToN: evading the litigation dilemma 3.3 Explaining the Commission’s ToN: evading the litigation dilemma
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3.3.1 The inherent deficiencies of the European regulatory system for medicines 3.3.1 The inherent deficiencies of the European regulatory system for medicines
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3.3.2 The litigation dilemma faced by the Commission concerning the Slovak case 3.3.2 The litigation dilemma faced by the Commission concerning the Slovak case
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3.3.3 The toleration of noncompliance that only suppresses ‘symptoms’ 3.3.3 The toleration of noncompliance that only suppresses ‘symptoms’
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3.4 Evaluation of the alternative explanations 3.4 Evaluation of the alternative explanations
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3.4.1 The legislative and policy agenda of the Commission 3.4.1 The legislative and policy agenda of the Commission
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3.4.2 Other general alternative explanations 3.4.2 Other general alternative explanations
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3.5 Conclusion 3.5 Conclusion
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3 Altruistic ToN: Coping with Limits of the EU Legal Order Concerning Pharmaceutical Parallel Trade
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Published:February 2025
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Abstract
This chapter introduces altruistic ToN, which corresponds to the Commission’s institutional facet as a judicial trustee. As the first ideal type of the Commission’s enforcement forbearance, altruistic ToN argues that enforcement leniency enables the Commission to cope with inherent deficiencies of the EU legal order and thus maintain its stability. Through the infringement case against unlawful restrictions on pharmaceutical parallel trade by three member states, this chapter traces how enforcement leniency in this case navigates the Commission through a litigation dilemma that pits the protection of human life against the integrity of the internal market law. This case study demonstrates that ToN is not necessarily a ‘malady’ of the rule of law, as it has the potential, at least temporarily, to mitigate the deficiencies of the EU legal order.
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