Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Compliance and the Enforcement of EU Law written by Marise Cremona and published by OUP Oxford. This book was released on 2012-03-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enlargement of the EU has highlighted the challenges of compliance, but it has also helped to suggest new compliance methodologies. The combination of methodologies used by the EU and the differing levels of enforcement available are characteristic of the EU's compliance system, permitting the remarkable reach and penetration of EU norms into national systems. In this new study six authors offer their 1ssessment of the enforcement procedures and compliance processes that have been developed to ensure Member State compliance with EU law. The first three chapters examine the merits of combining both coercive and problem-solving strategies, describing the systems in place and focussing on the different levels at which compliance mechanisms operate: national, regional, and international. It also looks at horizontal compliance as well as 'from above' compliance, creating a complex and rich picture of the EU's system. The final three chapters of the book focus on different aspects of compliance seen from a national perspective. The first analyses the two bases for the use of criminal sanctions to enforce EU law: the ability of Member States to choose to include criminal penalties for non-compliance in their national law; and the imposition of criminal sanctions at a national level by EU law itself. The book then moves on to a discussion of the role of national courts in ensuring Member State compliance with, and enforcement of, EU law. It examines the role of national constitutional courts in facilitating compliance with EU law and draws comparisons between EU law and international law and their interactions both with each other and with national constitutional courts.
Download or read book The Enforcement of EU Law written by Stine Andersen and published by OUP Oxford. This book was released on 2012-11-29 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Law Enforcement written by Stefano Montaldo and published by Routledge. This book was released on 2021-02-22 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law Enforcement by EU Authorities written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Between Compliance and Particularism written by Marton Varju and published by Springer. This book was released on 2019-02-08 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Authority of EU Law written by Wolfgang Heusel and published by Springer. This book was released on 2019-07-16 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Compliance and Enforcement of European Community Law written by J. Vervaele and published by Springer. This book was released on 1999-05-04 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Enforcement of EU Law written by Stine Andersen and published by Oxford University Press. This book was released on 2012-11-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the European Commission's current range of practices for exercising control over the meaning and implementation of EU law, this book provides a comprehensive analysis of centralised EU enforcement. It describes the different practices available analysing their effectiveness and discussing the Commission's role in ensuring compliance.
Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book New Directions in the Effective Enforcement of EU Law and Policy written by Sara Drake and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Download or read book Enforcement Matters written by Esther Versluis and published by . This book was released on 2003 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The role of the European Commission as guardian of compliance written by Markus Preslmayr and published by GRIN Verlag. This book was released on 2019-07-29 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2019 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, University of Vienna (Institut für Unternehmensrecht), language: English, abstract: This paper was originally designed as a research paper and aims to analyse both the legal nature and intention of the EU law infringement procedure. Thereby, the role of the European Commission has priority. A brief overview of effect and potential weak points of the procedure under Art. 258 TFEU will be provided. The essay deals likewise with alternative ways to ensure compliance and concludes with an insight into current legal and political challenges. [German] Diese Analyse der Rechtsnatur und Intention des Europäischen Vertragsverletzungsverfahren wurde als Studienarbeit verfasst und soll dem Leser einen kurzen Überblick über Wirkung und mögliche Schwachstellen des Vertragsverletzungsverfahrens nach Art. 258 AEUV geben. Die Arbeit behandelt auch alternative Ansätze der Rechtsdurchsetzung und zeigt überblicksartig aktuelle Probleme der Rechtsbefolgung auf Europäischer Ebene auf.
Download or read book The Eurosceptic Challenge written by Clara Rauchegger and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Why Noncompliance written by Tanja A. Börzel and published by Cornell University Press. This book was released on 2021-02-15 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why Noncompliance traces the history of noncompliance within the European Union (EU), focusing on which states continuously do or do not follow EU Law, why, and how that affects the governance in the EU and beyond. In exploring the EU's long and varied history of noncompliance, Tanja A. Börzel takes a close look at the diverse groups of noncompliant states throughout the EU's existence. Why do states that are vocally critical of the EU have a better record of compliance than those that support the EU? Why has noncompliance been declining since the 1990s, even though the EU was adding member-states and numerous laws? Börzel debunks conventional wisdoms in EU compliance research, showing that noncompliance in the EU is not caused by the new Central and Eastern European member states, nor by the Eurosceptic member states. So why do these states take the brunt of Europe's misplaced ire? Why Noncompliance introduces politicization as an explanatory factor that has been long overlooked in the literature and scholarship surrounding the European Union. Börzel argues that political controversy combined with voting power and administrative capacity, explains why noncompliance with EU law has been declining since the completion of the Single Market, cannot be blamed on the EU's Central and Easter European member states, and is concentrated in areas where EU seeks to protect citizen rights. Thanks to generous funding from Freie Universitat Berlin, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
