Compliance And The Enforcement Of Eu Law

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The Enforcement of EU Law and Values

András Jakab,Dimitry Kochenov
The Enforcement of EU Law and Values Book PDF

Author : András Jakab,Dimitry Kochenov
Publisher : Oxford University Press
Page : 425 pages
File Size : 48,6 Mb
Release : 2017-04-07
Category : Law
ISBN : 9780191063510

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The Enforcement of EU Law and Values by András Jakab,Dimitry Kochenov Pdf

It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Compliance and the Enforcement of EU Law

Marise Cremona
Compliance and the Enforcement of EU Law Book PDF

Author : Marise Cremona
Publisher : Oxford University Press
Page : 246 pages
File Size : 46,6 Mb
Release : 2012-03-15
Category : Law
ISBN : 9780199644735

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Compliance and the Enforcement of EU Law by Marise Cremona Pdf

The EU has long faced difficulties in ensuring compliance with its legal provisions, and as a result has developed sophisticated enforcement techniques that penetrate deep into the law and politics of member states. This book gathers leading experts to assess the legal procedures and political mechanisms at work in the EU to promote compliance.

The Enforcement of EU Law

Stine Andersen
The Enforcement of EU Law Book PDF

Author : Stine Andersen
Publisher : OUP Oxford
Page : 272 pages
File Size : 41,8 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780191650055

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The Enforcement of EU Law by Stine Andersen Pdf

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

New Directions in the Effective Enforcement of EU Law and Policy

Sara Drake,Melanie Smith
New Directions in the Effective Enforcement of EU Law and Policy Book PDF

Author : Sara Drake,Melanie Smith
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 40,6 Mb
Release : 2016-04-29
Category : LAW
ISBN : 9781784718695

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New Directions in the Effective Enforcement of EU Law and Policy by Sara Drake,Melanie Smith Pdf

The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement. The contributors evaluate the traditional ‘dual vigilance’ framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.

Research Handbook on the Enforcement of EU Law

Miroslava Scholten
Research Handbook on the Enforcement of EU Law Book PDF

Author : Miroslava Scholten
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 49,5 Mb
Release : 2023-09-28
Category : Electronic
ISBN : 180220802X

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Research Handbook on the Enforcement of EU Law by Miroslava Scholten Pdf

This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms. Bringing together leading experts from law, political science, economics and socio-legal studies, this Research Handbook provides a state-of-the-art analysis of EU enforcement laws, policies, and scholarship. It presents conceptual, institutional, and sectoral perspectives on EU law enforcement, advancing existing knowledge on why, when, and how laws are being followed or disobeyed. Contributors explore enforcement in specific EU policy areas, including foreign relations, economic policy, the internal market, competitiveness, and citizen rights. It argues that an overarching EU enforcement strategy would be more successful than the current model of diverse methods of enforcement in different policy areas. Employing multi-dimensional and comparative approaches, the Research Handbook on the Enforcement of EU Law will be a valuable resource for scholars of European law and politics, public administration, governance, and compliance. It will also be a useful guide for public officials seeking to (re)design and assess effective and enforceable policies.

Compliance and Enforcement of European Community Law

J. Vervaele
Compliance and Enforcement of European Community Law Book PDF

Author : J. Vervaele
Publisher : Springer
Page : 462 pages
File Size : 42,9 Mb
Release : 1999-05-04
Category : Law
ISBN : STANFORD:36105062046656

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Compliance and Enforcement of European Community Law by J. Vervaele Pdf

This collection of papers reflects the growing interest among European Union law scholars and practitioners in the impact of Community law on the main fields of the Member States' legal orders: constitutional law, administrative law, criminal law and private law. In particular the requirements of an effective compliance with, and enforcement of, Community law have contributed to a Europeanization of those areas of national law. This book brings together case studies from such diverse policy areas as customs law, foodstuffs and waste transport, as well as more general analyses from both a comparative legal and a political science point of view.

Private Enforcement of EU Law Before National Courts

Folkert Wilman
Private Enforcement of EU Law Before National Courts Book PDF

Author : Folkert Wilman
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 55,5 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781784718497

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Private Enforcement of EU Law Before National Courts by Folkert Wilman Pdf

Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

Law Enforcement by EU Authorities

Miroslava Scholten,Michiel Luchtman
Law Enforcement by EU Authorities Book PDF

Author : Miroslava Scholten,Michiel Luchtman
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 54,9 Mb
Release : 2017-11-24
Category : SOCIAL SCIENCE
ISBN : 9781786434630

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Law Enforcement by EU Authorities by Miroslava Scholten,Michiel Luchtman Pdf

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

The Enforcement of EU Law

Stine Andersen
The Enforcement of EU Law Book PDF

Author : Stine Andersen
Publisher : OUP Oxford
Page : 272 pages
File Size : 51,5 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780191650048

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The Enforcement of EU Law by Stine Andersen Pdf

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

EU Law Enforcement

Stefano Montaldo,Francesco Costamagna,Alberto Miglio
EU Law Enforcement Book PDF

Author : Stefano Montaldo,Francesco Costamagna,Alberto Miglio
Publisher : Routledge
Page : 511 pages
File Size : 41,9 Mb
Release : 2021-02-22
Category : Law
ISBN : 9780429582776

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EU Law Enforcement by Stefano Montaldo,Francesco Costamagna,Alberto Miglio Pdf

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

The Implementation and Enforcement of European Union Law in Small Member States

Ivan Sammut,Jelena Agranovska
The Implementation and Enforcement of European Union Law in Small Member States Book PDF

Author : Ivan Sammut,Jelena Agranovska
Publisher : Springer Nature
Page : 309 pages
File Size : 48,7 Mb
Release : 2021-03-11
Category : Political Science
ISBN : 9783030661151

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The Implementation and Enforcement of European Union Law in Small Member States by Ivan Sammut,Jelena Agranovska Pdf

The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

The Authority of EU Law

Wolfgang Heusel,Jean-Philippe Rageade
The Authority of EU Law Book PDF

Author : Wolfgang Heusel,Jean-Philippe Rageade
Publisher : Springer
Page : 396 pages
File Size : 45,9 Mb
Release : 2019-07-16
Category : Law
ISBN : 9783662588413

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The Authority of EU Law by Wolfgang Heusel,Jean-Philippe Rageade Pdf

This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.

The Eurosceptic Challenge

Clara Rauchegger,Anna Wallerman Ghavanini
The Eurosceptic Challenge Book PDF

Author : Clara Rauchegger,Anna Wallerman Ghavanini
Publisher : Bloomsbury Publishing
Page : 375 pages
File Size : 40,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509927661

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The Eurosceptic Challenge by Clara Rauchegger,Anna Wallerman Ghavanini Pdf

In recent years, Eurosceptic and nationalist forces have been gaining ground in the European Union. Their rhetoric has changed the political discourse, shaking the ideal of an ever closer union to its core. However, the specific legal changes brought about by this political turn have often remained obscure. How does Euroscepticism manifest itself in the law and policies of the EU Member States? This book seeks to understand to what extent Eurosceptic attitudes translate into legislative, administrative and judicial practices that challenge EU law and governance in the Member States. It reveals the many facets of national resistance that the EU is currently facing, ranging from open defiance to ignorance of EU law. It includes perspectives from the entire Union: from old and new, western and eastern, troublesome and (ostensibly) compliant Member States. Bringing together experts from law and political science, this timely book offers unique insights into the reception – and sometimes rejection – of EU law in the Member States. It is essential reading for anyone interested in the current challenges and the future of the European Union.

Enforcement in the EU Single Market

Jacques Pelkmans,Anabela Correia de Britto
Enforcement in the EU Single Market Book PDF

Author : Jacques Pelkmans,Anabela Correia de Britto
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2012
Category : Business & Economics
ISBN : 9461382251

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Enforcement in the EU Single Market by Jacques Pelkmans,Anabela Correia de Britto Pdf

Enforcement of, and compliance with, laws and regulations in the single market of the European Union are of crucial economic importance for business, consumers, and the EU economy at large. This book provides a comprehensive overview of the current EU enforcement landscape. The traditional method of regulation enforcement, trying cases of infringement in the Court of Justice of the European Union, remains critical as a last resort, but it is increasingly seen as being very slow and costly. The authors reveal that EU law enforcement now relies heavily on a range of preventive initiatives to keep technical issues from developing into infringement problems. These measures tend to be quicker, far less costly, less formal, and highly effective in maintaining a properly functioning internal market. While these improvements are welcome news for the single market, the authors caution that EU enforcement still has thorny problems to resolve in areas such as public procurement.

Between Compliance and Particularism

Marton Varju
Between Compliance and Particularism Book PDF

Author : Marton Varju
Publisher : Springer
Page : 347 pages
File Size : 49,9 Mb
Release : 2019-02-08
Category : Law
ISBN : 9783030057824

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Between Compliance and Particularism by Marton Varju Pdf

The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.