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

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