Eu Law Enforcement

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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 : 49,7 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.

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 : 53,5 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.

Information Exchange and EU Law Enforcement

Anna Fiodorova
Information Exchange and EU Law Enforcement Book PDF

Author : Anna Fiodorova
Publisher : Routledge
Page : 268 pages
File Size : 51,6 Mb
Release : 2018-05-16
Category : Law
ISBN : 9781351240246

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Information Exchange and EU Law Enforcement by Anna Fiodorova Pdf

Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.

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 : 52,5 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.

Global Data Protection in the Field of Law Enforcement

Cristina Blasi Casagran
Global Data Protection in the Field of Law Enforcement Book PDF

Author : Cristina Blasi Casagran
Publisher : Routledge
Page : 264 pages
File Size : 40,8 Mb
Release : 2016-06-10
Category : Law
ISBN : 9781317223276

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Global Data Protection in the Field of Law Enforcement by Cristina Blasi Casagran Pdf

This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.

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 : 53,9 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.

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 : 46,8 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.

The EU Law Enforcement Directive (LED)

Eleni Kosta,Professor Technology Law and Human Rights Eleni Kosta,Franziska Boehm,Professor of Immaterial Rights at Karlsruhe Institute of Technology Fiz-Karlsruhe Leibniz Institute for Information Infrastructure Franziska Boehm
The EU Law Enforcement Directive LED Book PDF

Author : Eleni Kosta,Professor Technology Law and Human Rights Eleni Kosta,Franziska Boehm,Professor of Immaterial Rights at Karlsruhe Institute of Technology Fiz-Karlsruhe Leibniz Institute for Information Infrastructure Franziska Boehm
Publisher : Oxford University Press
Page : 993 pages
File Size : 52,6 Mb
Release : 2024-02
Category : Law
ISBN : 9780192855220

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The EU Law Enforcement Directive (LED) by Eleni Kosta,Professor Technology Law and Human Rights Eleni Kosta,Franziska Boehm,Professor of Immaterial Rights at Karlsruhe Institute of Technology Fiz-Karlsruhe Leibniz Institute for Information Infrastructure Franziska Boehm Pdf

The EU Law Enforcement Directive (LED): A Commentary provides an article-by-article commentary on the Law Enforcement Directive (Directive 2016/680) edited by two leading scholars in the field of personal data protection.

Harmonisation of EU Competition Law Enforcement

Jurgita Malinauskaite
Harmonisation of EU Competition Law Enforcement Book PDF

Author : Jurgita Malinauskaite
Publisher : Springer Nature
Page : 280 pages
File Size : 45,7 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.

EU Criminal Law and Policy

Joanna Beata Banach-Gutierrez,Christopher Harding
EU Criminal Law and Policy Book PDF

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 261 pages
File Size : 55,6 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427612

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EU Criminal Law and Policy by Joanna Beata Banach-Gutierrez,Christopher Harding Pdf

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

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 : 55,9 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.

EU Enforcement Authorities

Michiel Luchtman,Katalin Ligeti,John Vervaele
EU Enforcement Authorities Book PDF

Author : Michiel Luchtman,Katalin Ligeti,John Vervaele
Publisher : Bloomsbury Publishing
Page : 385 pages
File Size : 46,7 Mb
Release : 2023-02-23
Category : Law
ISBN : 9781509946471

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EU Enforcement Authorities by Michiel Luchtman,Katalin Ligeti,John Vervaele Pdf

EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.

Private Regulation and Enforcement in the EU

Madeleine de Cock Buning,Linda Senden
Private Regulation and Enforcement in the EU Book PDF

Author : Madeleine de Cock Buning,Linda Senden
Publisher : Bloomsbury Publishing
Page : 599 pages
File Size : 55,8 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.

Public and Private Enforcement of Competition Law in Europe

Kai Hüschelrath,Heike Schweitzer
Public and Private Enforcement of Competition Law in Europe Book PDF

Author : Kai Hüschelrath,Heike Schweitzer
Publisher : Springer
Page : 278 pages
File Size : 55,7 Mb
Release : 2014-08-01
Category : Business & Economics
ISBN : 9783662439753

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Public and Private Enforcement of Competition Law in Europe by Kai Hüschelrath,Heike Schweitzer Pdf

Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

Enforcement of European Union Environmental Law

Martin Hedemann-Robinson
Enforcement of European Union Environmental Law Book PDF

Author : Martin Hedemann-Robinson
Publisher : Routledge
Page : 948 pages
File Size : 46,8 Mb
Release : 2015-05-15
Category : Law
ISBN : 9781135115845

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Enforcement of European Union Environmental Law by Martin Hedemann-Robinson Pdf

Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.