Compliance And Enforcement Of European Community Law
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Compliance And Enforcement Of European Community Law
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Author : J. Vervaele
language : en
Publisher: Springer
Release Date : 1999-05-04
Compliance And Enforcement Of European Community Law written by J. Vervaele and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05-04 with Law categories.
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.
The Enforcement Of Eu Law And Values
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Author : András Jakab
language : en
Publisher: Oxford University Press
Release Date : 2017-04-07
The Enforcement Of Eu Law And Values written by András Jakab and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-07 with Law categories.
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
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Author : Marise Cremona
language : en
Publisher: Oxford University Press
Release Date : 2012-03-15
Compliance And The Enforcement Of Eu Law written by Marise Cremona and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-15 with Law categories.
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
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Author : Stine Andersen
language : en
Publisher: OUP Oxford
Release Date : 2012-11-29
The Enforcement Of Eu Law written by Stine Andersen and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-29 with Law categories.
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.
The Implementation And Enforcement Of European Union Law In Small Member States
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Author : Ivan Sammut
language : en
Publisher: Springer Nature
Release Date : 2021-03-11
The Implementation And Enforcement Of European Union Law In Small Member States written by Ivan Sammut and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-11 with Political Science categories.
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 Law Enforcement
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Author : Stefano Montaldo
language : en
Publisher: Routledge
Release Date : 2021-02-22
Eu Law Enforcement written by Stefano Montaldo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.
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.
Enforcement In The Eu Single Market
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Author : Jacques Pelkmans
language : en
Publisher:
Release Date : 2012
Enforcement In The Eu Single Market written by Jacques Pelkmans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business & Economics categories.
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.
Centralised Enforcement Legitimacy And Good Governance In The Eu
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Author : Melanie Smith
language : en
Publisher: Routledge
Release Date : 2009-09-10
Centralised Enforcement Legitimacy And Good Governance In The Eu written by Melanie Smith and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-10 with Law categories.
Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.
State Liability For Breaches Of European Law
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Author : Bert Van Roosebeke
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-11-10
State Liability For Breaches Of European Law written by Bert Van Roosebeke and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-10 with Law categories.
Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.
Between Compliance And Particularism
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Author : Marton Varju
language : en
Publisher: Springer
Release Date : 2019-02-08
Between Compliance And Particularism written by Marton Varju and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-08 with Law categories.
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.