The end of negative market integration: 60 years of free movement of goods litigation in the EU (1961–2020)

The free movement of goods is widely believed to be a prime example the negative integration paradigm. Its defining characteristic strong judicial process, fuelled by – and fuelling litigation, which eclipses weak(er) political process. article argues that this dominant narrative no longer accurate. Based on new dataset all Article 34 TFEU cases decided CJEU between 1961 2020, it shows litigation has been disappearing from Court’s docket since mid-1980s. reasons for this, argued, lie in changing incentive structures both litigants national courts, have reduced appeal bringing cases, as well rise EU legislation. consequence demise turn towards positive integration.