Eu Law Enforcement The Evolution Of Sanctioning Powers
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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.
Eu Law Enforcement
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Author : Stefano Montaldo
language : en
Publisher: Taylor & Francis
Release Date : 2021-02-21
Eu Law Enforcement written by Stefano Montaldo and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-21 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.
Cybersecurity And Eu Law
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Author : Theodoros Karathanasis
language : en
Publisher: Taylor & Francis
Release Date : 2024-11-22
Cybersecurity And Eu Law written by Theodoros Karathanasis and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-22 with Law categories.
Cybersecurity is set to be one of the dominant themes in EU governance in the coming years, and EU law has begun to adapt to the challenges presented by security with the adoption of the Network and Information Security (NIS) Directive. This book explores the binding effects of the legal instruments and analyzes the impact of the constraining factors originating from NIS-related domestic policies across Finland, France, Greece, Ireland, Luxembourg, and Poland upon the transposition of the NIS Directive. Combining insights from law and political science, the book offers a comparative empirical analysis of national policies and regulations regarding network and information security, as well as the national legal framework deriving from the NIS Directive’s transposition. The book argues that the more the Directives offer a regulatory leeway to EU Member States for the transposition of their content, the more the preservation of national interests by EU Member States affects the uniform application of directives across the EU. Highlighting the need to go beyond the study of the legal compliance of European directives, the volume offers a new perspective on the interests of Member States and European law, bridging the gap between the politics and law of European integration. It will be of interest to students, academics, and practitioners with an interest in EU Law and cybersecurity.
Proportionality Of Criminal Offences And Penalties In Eu Law
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Author : Lorenzo Grossio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-06-26
Proportionality Of Criminal Offences And Penalties In Eu Law written by Lorenzo Grossio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-26 with Law categories.
This book analyses the theorisation and application of proportionality of criminal offences and penalties in EU law, shedding light on its hybrid nature. In the EU legal order, proportionality amounts to a general principle playing a crucial role in limiting the exercise of EU powers, assessing domestic measures' compatibility with internal market freedoms, and adjudicating fundamental rights. The EU concept of proportionality has a precise theorisation, but the principle assumes a distinct physiognomy in EU criminal law. Indeed, proportionality has a different meaning in criminal law, linked to theories of punishment. Not only do the two understandings of proportionality coexist in EU criminal law, but they are also intertwined, thus giving rise to a hybrid principle. However, their uneasy relationship remains unexplored. To understand this unique interaction, the book deepens theorisation and applications of the hybrid principle of proportionality of criminal offences and penalties in the EU legislative practice on the harmonisation of substantive criminal law and ECJ case law on the review of domestic criminal measures. This analysis gives fresh insights into the relationship between the EU and criminal law concepts of proportionality within the EU legal order.
Research Handbook On The Enforcement Of Eu Law
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Author : Miroslava Scholten
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-09-06
Research Handbook On The Enforcement Of Eu Law written by Miroslava Scholten and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-06 with Law categories.
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.
Proportionality Of Criminal Penalties In Eu Law
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Author : Lorenzo Grossio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-02-06
Proportionality Of Criminal Penalties In Eu Law written by Lorenzo Grossio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-06 with Law categories.
This book develops a systematic analysis of the principle of proportionality of penalties in EU law. Until now, the principle has been mainly assessed from a criminological point of view. By departing from existing literature, the book advances an original EU law perspective on proportionality of penalties, which underlies the analysis of its theorisation, place and influence on domestic criminal systems. Building upon this approach, scholarly contributions in the book systematically delve into the various implications of the principle in EU law, while paying particular attention to its profound interaction with criminal law concepts.
Regulation 1 2003 And Eu Antitrust Enforcement
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Author : Luca Prete
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-11-22
Regulation 1 2003 And Eu Antitrust Enforcement written by Luca Prete and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-22 with Law categories.
For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.
The European Union As A Normative Power
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Author : Yuval Reinfeld
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-17
The European Union As A Normative Power written by Yuval Reinfeld and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-17 with Law categories.
Examining the role of the CJEU in shaping the European Union as a Normative power, this book explores the influence of the Court of Justice of the European Union on Normative Power Europe to evaluate the extent to which the CJEU’s actions consolidate normative foreign policy in third states. Combining perspectives from international relations and law, it explores the EU’s normative impact in the international arena, offering a multidimensional view which characterizes the power of the EU as a normative power while examining its role as a regulatory power alongside a historical review of the legal doctrinal development of the CJEU. Distilling the EU's uniqueness in the international arena and emphasizing that its fundamental strength lies in the technical normative power approach, the book argues that the genuine EU impact is emphasized in unique sectoral niches noting the EU’s dominance in terms of agriculture, environmental protection, privacy, and data protection or tech policies- a classic technical normative power that combines a legal basis and a value base. The book analyses several case studies which present the triangular relations between CJEU rulings, EU institutions, and third countries to identify both direct and indirect signs of a genuine normative effect. Taking an interdisciplinary approach, this book will be of interest to academics and students researching aspects of European law, international law, or international relations.
Data Protection And Interoperability In Eu External Relations
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Author : Francesca Tassinari
language : en
Publisher: BRILL
Release Date : 2024-10-28
Data Protection And Interoperability In Eu External Relations written by Francesca Tassinari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-28 with Law categories.
This book assesses whether the implementation of transborder interoperable solutions aligns with the European Union's standards and rules on personal data transfer. It specifically examines the principles and values enshrined in the founding Treaties that steer the EU’s external activities as a global actor. It will help you understand the privacy and data protection standards the EU must uphold when pursuing its objectives of freedom, security, and justice externally. You’ll learn about the limits on the processing of personal data by large-scale IT systems in the area of freedom, security, and justice, and explore the full scope of the 2019 interoperability regulations, n. 817 and 818. Also, the volume offers a series of diagrams, tables, and figures that will make your reading as smooth as possible.
Social Rights And The European Monetary Union
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Author : González Pascual, Maribel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-10-20
Social Rights And The European Monetary Union written by González Pascual, Maribel and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Law categories.
This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.