Restrictions on the Use of Lawfully Marketed Products and the EC's Internal Market

Both individual freedoms and the freedom of trade are regularly set aside in pursuit of regulatory objectives. These include environmental protection, public health, national security, consumer protection etc. The room for manoeuvre for States to set such restrictions on activities and (use of) products, is generally referred to as ‘regulatory autonomy’. There are many variants of course in the way the exercise of such autonomy interferes with trade. This paper, and the conference where it was delivered, focuses on just one of those: restrictions on the use of products which have been lawfully produced (i.e. in accordance with any product standards which may apply to the product at issue) and where consumers are subsequently restricted in their use of them. This article highlights firstly the overall legal context which forms the backdrop of the debate. It subsequently identifies the core elements in ensuring the legality of any future restrictions to the Internal Market, based on non-trade objectives