Enforcement In The Eu Single Market

Author : Jacques Pelkmans,Anabela Correia de Britto
Publisher : Unknown
Page : 0 pages
File Size : 54,6 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.

Author : András Jakab,Dimitry Kochenov
Publisher : Oxford University Press
Page : 425 pages
File Size : 44,6 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.

Author : Stefano Montaldo,Francesco Costamagna,Alberto Miglio
Publisher : Routledge
Page : 511 pages
File Size : 52,7 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.

Author : Maria Jose Plana Casado
Publisher : Springer Nature
Page : 187 pages
File Size : 46,8 Mb
Release : 2021-08-05
Category : Law
ISBN : 9783030795047

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E-FOOD: Closing the Online Enforcement Gap in the EU Platform Economy by Maria Jose Plana Casado Pdf

Retail is ‘going digital,’ and grocery shopping is no exception. While some businesses are relaying on their corporate website to make the sale, both traditional brick-and-mortar and new disruptive business models are increasingly using online marketplaces to offer their products online. European Union law has been gradually updated to reflect this new reality, with Intellectual Property Rights legislation and Consumer Law leading the way toward a suitable regulatory framework in the Platform Economy. However, the EU has not devised a comprehensive strategy for tackling the challenges posed by the online sale of physical consumer goods, such as effective public enforcement in online environments. In fact, sector-specific legislation, including Food Law, largely ignores online transactions. In this context, the book evaluates the impact that online marketplaces are having on European Union sector-specific legislation and its e-nforcement. The goal is to assess whether the existing regulatory and policy framework are sufficient for promoting compliance and bridging the enforcement gap in the digital single market. Focusing on the e-food market, the book presents a state-of-the-art overview of how online marketplaces are altering EU law and its enforcement by public authorities.

Author : Madeleine de Cock Buning,Linda Senden
Publisher : Bloomsbury Publishing
Page : 599 pages
File Size : 50,6 Mb
Release : 2020-06-25
Category : Law
ISBN : 9781509919536

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Private Regulation and Enforcement in the EU by Madeleine de Cock Buning,Linda Senden Pdf

Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.

Author : Jurgita Malinauskaite
Publisher : Springer Nature
Page : 280 pages
File Size : 53,8 Mb
Release : 2019-11-15
Category : Law
ISBN : 9783030302337

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Harmonisation of EU Competition Law Enforcement by Jurgita Malinauskaite Pdf

This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.

Author : Miroslava Scholten,Michiel Luchtman
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 41,9 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.

Author : Catherine Barnard,Joanne Scott
Publisher : Hart Publishing
Page : 455 pages
File Size : 44,8 Mb
Release : 2002-06-28
Category : Law
ISBN : 9781841132716

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The Law of the Single European Market by Catherine Barnard,Joanne Scott Pdf

This book explores the legal foundations of the single market project in Europe and examines the legal concepts underpinning its operation.

Author : Jonas Tallberg
Publisher : Unknown
Page : 348 pages
File Size : 45,7 Mb
Release : 1999
Category : Courts of last resort
ISBN : UVA:X006090982

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Making States Comply by Jonas Tallberg Pdf

Author : Tatiana-Eleni Synodinou,Philippe Jougleux,Christiana Markou,Thalia Prastitou
Publisher : Springer
Page : 433 pages
File Size : 50,6 Mb
Release : 2017-11-09
Category : Law
ISBN : 9783319649559

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EU Internet Law by Tatiana-Eleni Synodinou,Philippe Jougleux,Christiana Markou,Thalia Prastitou Pdf

This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.

Author : Maria Jose Plana Casado
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2021
Category : Electronic
ISBN : 3030795055

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E-FOOD: Closing the Online Enforcement Gap in the EU Platform Economy by Maria Jose Plana Casado Pdf

Retail is 'going digital,' and grocery shopping is no exception. While some businesses are relaying on their corporate website to make the sale, both traditional brick-and-mortar and new disruptive business models are increasingly using online marketplaces to offer their products online. European Union law has been gradually updated to reflect this new reality, with Intellectual Property Rights legislation and Consumer Law leading the way toward a suitable regulatory framework in the Platform Economy. However, the EU has not devised a comprehensive strategy for tackling the challenges posed by the online sale of physical consumer goods, such as effective public enforcement in online environments. In fact, sector-specific legislation, including Food Law, largely ignores online transactions. In this context, the book evaluates the impact that online marketplaces are having on European Union sector-specific legislation and its e-nforcement. The goal is to assess whether the existing regulatory and policy framework are sufficient for promoting compliance and bridging the enforcement gap in the digital single market. Focusing on the e-food market, the book presents a state-of-the-art overview of how online marketplaces are altering EU law and its enforcement by public authorities. .

Author : Sara Drake,Melanie Smith
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 54,8 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.

Author : Madeleine de Cock Buning,Linda Senden
Publisher : Bloomsbury Publishing
Page : 599 pages
File Size : 51,8 Mb
Release : 2020-06-25
Category : Law
ISBN : 9781509919529

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Private Regulation and Enforcement in the EU by Madeleine de Cock Buning,Linda Senden Pdf

Introduction : EU Private Regulation andEnforcement : Mapping its Contextual, Conceptual, Constitutional and Citizens' Dimensions / M de Cock Buning and LAJ Senden -- The Special Position of Agreements by Social Partners in EU Law / Frans Pennings -- Private Regulation in the Internal Market : Assessing European Technical Standardisation Through a Citizen's Eye / Mariëtte Hiemstra and Linda Senden -- The Role of Private Actors in Data Protection Law and Data Protection Practice / Peter Blok -- Private Actors in European Consumer Law / Ewoud Hondius and Esther van Schagen -- Of the People, by the People, for the People? : The European Union's Experience with Private Environmental Regulation and Enforcement / Suzanne Kingston and Edwin Alblas -- Unfolding the Private-Public Dynamics of Regulation and Enforcement in EU Food Law / Michele Simonato and Salvatore F. Nicolosi -- Engaging Private Actors in the Production of EU Financial Regulation : Advantages and Disadvantages from a Citizen's Perspective / Andrea Minto -- Case Study on Advertising and Self-Regulation in Europe / Oliver Gray -- Private Regulation and Enforcement in the EU: Finding the Right Balance from a Citizen's Perspective : The Protection of Minors against Online Harms / Madeleine de Cock Buning -- Internet Liability Law Case Study : Private Regulation and Enforcement in the EU from the Citizens' Perspective / Christopher T. Marsden -- The Role of Private Actors in the Regulation and Enforcement of Corporate Environmental Harm / Judith van Erp -- The Constitutional Authority of Private Regulation in the Light of the EU's Competence Order / Kilian Klinger -- European Union Co- and Self-Regulation and the Protection of Fundamental Rights / Jessy M. Emaus -- Private Regulation and Enforcement within the Single Market's Legal Framework : Th e Need for a More Holistic Approach / Frederick Brouwer -- EU Competition Law versus Private Regulation : Restrictive or Enabling? / Jotte Mulder -- The Democratic Challenges of Effective Private Regulation and Enforcement / Colin Scott -- Conclusions : Drawing the Lines Together of Regulatory Choice, Public-Private Dynamics and Citizens' Trust in Private Regulation and Enforcement in the EU / M de Cock Buning and LAJ Senden.

Author : Ivan Sammut,Jelena Agranovska
Publisher : Springer Nature
Page : 309 pages
File Size : 44,8 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.

Author : Miroslava Scholten
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 45,5 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.