Download or read book Administrative Sanctions in the European Union written by Oswald Jansen and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique overview of the main legal systems of administrative sanctions, with thorough analyses of the administrative law sanctioning systems in 13 Member States and the EU. The focus is on both remedial and deterrent sanctions in administrative law. Especially where deterrent sanctions are involved, the aspects of national and international constitutional law are analyzed, as well as the influences of criminal law approaches in this legal area. After a general analysis of the definitions of sanction, thorough country analyses are presented of Austria, Belgium, Finland, France, Germany, Greece, Italy, the Netherlands, Portugal, Romania, Spain, Sweden, and the UK. The book concludes with an analysis of administrative sanctions in EU law. This collection is the result of an expert meeting of and a cooperation between specialists in both criminal law and administrative law. In part, this project was supported by the Dutch Research Foundation (Nederlandse Organisatie voor Wetenschappelijk Onderzoek) and the Dutch Ministry of Security and Justice.
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 VAT Forum written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU VAT Forum subgroup's report on administrative sanctions and interest answers the call from the EU VAT Forum members to provide clarity and further insights on the different systems applicable in the European Union,
Download or read book EU Sanctions written by Iain Cameron and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the European Union, the famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical, since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon Treaty. EU sanctions are used both against regimes and against suspected terrorist financing. But these sanctions have developed "organically," without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning a variety of areas: criminal law, constitutional law, international law, and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues: How should we go about measuring the impact(s) of targeted sanctions? * How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, and punishment/confiscation of assets)? * How can the problems caused for fair trial by the use of intelligence material be solved? * If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? * How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? * What is the spillover effect of "over broad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? * How do EU sanctions fit into, and compare to, national systems for the proscription of terrorist organizations? * Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions? (Series: Supranational Criminal Law: Capita Selecta - Vol. 15)
Download or read book Enforcing European Community Rules written by Christopher Harding and published by Dartmouth Publishing Company. This book was released on 1996 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this study is to consider the problems which arise from the enforcement of European Community policies and rules, and in particular, to examine the impact on national systems of law and procedure of this body of enforcement activity.
Download or read book Criminal law on food processing and distribution and administrative sanctions in the European Union written by Gerhard Dannecker and published by . This book was released on 1994 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulating European Drug Problems written by Nicholas Dorn and published by Martinus Nijhoff Publishers. This book was released on 1999 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout Europe - from town halls and regional governments, through national Parliaments and ministries, to the high institutions of the European Union - there runs a vigorous debate on organised crime, municipal safety and private conduct. Drug problems and what to do about them often occupy center-stage at these debates. Throughout the 1990s the focus of legal attention has been primarily on the criminal law. New criminal offenses have been created, partly in response to influences 'from above' (from international and European agreements) and partly in response to pressure 'from below' (concerns of citizens at national and sub-national levels). But although criminal law certainly is important as far as the development of drug controls is concerned, it is by no means the whole story. There is a parallel history, a regulatory one, consisting of the increasing use of administrative measures, some of which are directly concerned with drugs while others are more general but equally applicable. These responses, together with civil law, variously function as adjuncts to criminal law or as alternatives to it, in relation to drug trafficking at European and national levels, drug-related public nuisance as it concerns citizens at municipal level, and drug users. After charting existing measures in the legal orders of Member states and of the Community, Regulating European Drug Problems looks at prospects for administrative drug controls after Amsterdam - in the context of the development of the Single Market, cooperation against crime and insecurity, subsidiarity, and human rights. At a practical level, the study offers provocative ideas to policy-makers and administrators working at the intersection of city-level, national, and European responses to drugs. For scholars and students, the book offers comparative legal research and European synthesis, and forges new links between fields of law, suppresion of organised crime, and economic and social regulation.
Download or read book Enlarging the Fight Against Fraud in the European Union written by Peter J. Cullen and published by . This book was released on 2003 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immer intensiver wird über das Thema ,Europäische Strafrecht' diskutiert. Fast fünf Jahre nach Inkrafttreten des Amsterdamer Vertrags gewinnt das Europäische Strafrecht an Konturen - das EU-Recht beginnt, auf das nationale Straf- und Strafprozessrecht einzuwirken. Hauptmotiv der Gesetzgebungsinitiativen auf der Ebene der Europäischen Union ist eine effektivere Bekämpfung des grenzüberschreitenden Verbrechens. Hierbei geht es nicht zuletzt um die Einrichtung eines ,Europäischen Staatsanwalts', der die Strafverfolgung in der EU in Bezug auf bestimmte schwerwiegende grenzüberschreitende Kriminalitätsformen steuern soll. Wichtiger Ursprung des Gedankens eines Europäischen Staatsanwalts sind die von der Europäischen Kommission beauftragten Expertenberichte über ein ,Corpus juris' für die Europäische Gemeinschaft. Dieses vorgeschlagene Regelungswerk zum Kampf gegen den Betrug zu Lasten der Gemeinschaft sieht nicht nur eine Europäische Strafverfolgungsbehörde vor: es umfasst auch einheitliche Straftatbestände, Verfahrensregeln und Mittel der Beweiserhebung. Dieser Band enthält die Ergebnisse einer von der Europäischen Kommission unterstützten und von der Europäischen Rechtsakademie koordinierten Studie, die sich sowohl mit den gemeinschafts- bzw. unionsrechtlichen Regeln über die Bekämpfung des Betrugs gegen die Gemeinschaft als auch mit dem ,Corpus Juris' beschäftigt.
Download or read book The European Code of Good Administrative Behaviour written by European Ombudsman and published by . This book was released on 2013 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reforming the European Commission s Enforcement of Cartel Law written by Peter Whelan and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few would deny that the European Commission has an impressive track record with respect to anti-cartel enforcement. At present, however, a lacuna exists with respect to its enforcement powers: it cannot to impose fines on natural persons who are responsible for their companies' cartel activity. This article argues that, in order to achieve the deterrence of cartel activity, the Commission should be invested with the power to impose individual administrative sanctions for violations of the EU-level cartel prohibition. Although such sanctions have a drawback in terms of their vulnerability to indemnification, the stigmatization policy currently pursued by the Commission with respect to cartel activity provides considerable scope to prevent the issue of indemnification from undermining the potential deterrent effect of individual administrative sanctions.
Download or read book The European Composite Administration written by Oswald Jansen and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the concept of a necessary entity through an interlinking with two organizational principles - the principle of cooperation and the principle of hierarchy - which imply the notions of sovereignty, respect, and the ability to undertake joint administrative action in the European Union. The German concept of Europaischer Verwaltungsverbund is translated as "European Composite Administration." After a general introduction to the concept of European Composite Administration, the book's contributions are divided into three parts. In the first section, various fields of European administrative law are analyzed, including: structural funds * European environmental law and the law on plant protection products * financial services and (more specifically) the law on insider dealing * European veterinary and food law * European aviation law * the law on police and customs cooperation * European product safety law * transnational water management * public access to documents. The second part focuses on acts and procedures in the European Composite Administration, such as: an in depth analysis of the Transnational Administrative Act * the general law of procedure of mutual administrative assistance in the European Union * an analysis of the administrative decision as a means of normative law making * the role of inspections as an instrument of implementation * an analysis of EC grant management. The book ends with essays on administrative structures and legal protection, including analyses of: the voidable decision as a form of legal protection * the system of legal protection and liability in EU law * the role of human rights in the transnational cooperation in criminal matters * the transnational ne bis in idem principle. The collection is the result of a continuous cooperation between legal scholars of Utrecht University and the Institute for German and European Administrative Law at Heidelberg University. In part, it was supported by the German and Dutch Research Foundations (the Deutsche Forschungsgemeinschaft (DFG) and the Nederlandse Organisatie voor Wetenschappelijk Onderzoek (NWO).
Download or read book The System of Administrative and Penal Sanctions in the Member States of the European Communities Summary reports written by and published by . This book was released on 1994 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig and published by Oxford University Press. This book was released on 2017 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.
Download or read book Judicial Review in the European Banking Union written by Chiara Zilioli and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.
Download or read book The Protection of the Financial Interests of the EU in the Candidate States written by Chris Van den Wyngaert and published by . This book was released on 2001 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Download or read book Administrative Sanctions in Fisheries Law written by Philippe Cacaud and published by Food & Agriculture Org.. This book was released on 2003 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.
