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The Enforcement Of Eu Law

Author: Stine Andersen
Publisher: OUP Oxford
ISBN: 0191650056
Size: 52.71 MB
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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 Enforcement Of Eu Law And Values

Author: András Jakab
Publisher: Oxford University Press
ISBN: 0198746563
Size: 20.25 MB
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Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.

Enforcing European Union Law On Exports Of Dual Use Goods

Author: Anna Wetter
Publisher: Oxford University Press
ISBN: 019954896X
Size: 70.19 MB
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The report surveys the recent disclosures in Germany, the Netherlands, Sweden and the UK of cases in which actors in EU member states have drawn on European industry and technology for illegal exports of dual-use items and technology, thereby promoting the proliferation of weapons of mass destruction. Some of these offences are now being prosecuted in EU member states, with different rates of success, while others were never brought to trial.

The Oxford Handbook Of European Union Law

Author: Anthony Arnull
Publisher: Oxford University Press, USA
ISBN: 0199672644
Size: 38.51 MB
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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appearsto be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. Whatis the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?The Oxford Handbook of EU Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and thecitizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in theforeseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Compliance And The Enforcement Of Eu Law

Author: Marise Cremona
Publisher: Oxford University Press
ISBN: 019964473X
Size: 68.16 MB
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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 Legal Effects Of Eu Agreements

Author: Mario Mendez
Publisher: Oxford University Press
ISBN: 0199606617
Size: 76.84 MB
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The EU has concluded more than 1000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These Agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg. This book provides the first comprehensive treatment of the legal effects of EU Agreements explored in both comparative light and in terms of the ramifications for the legal orders of theMember States. Based on a data-set containing more than 320 cases, this book provides the first qualitative and quantitative analysis of the case-law in this increasingly important and rapidly growing area of EU law. The book reveals novel findings concerning EU level litigation involving EU Agreementsincluding: the types and which specific EU Agreements have arisen; the nature of the proceedings and the outcomes; who has been litigating; which domestic courts have been referring questions to the Luxembourg Court.

European Union Law A Very Short Introduction

Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0198749988
Size: 62.54 MB
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The European Union is rarely out of the news and, as it deals with the consequences of the Brexit vote and struggles to emerge from the eurozone crisis, it faces difficult questions about its future. In this debate, the law has a central role to play, whether the issue be the governance ofthe eurozone, the internal market, "clawing back powers from Europe" or reducing so-called "Brussels red tape".In this Very Short Introduction Anthony Arnull looks at the laws and legal system of the European Union, including EU courts, and discusses the range of issues that the European Union has been given the power to regulate, such as the free movement of goods and people. He considers why anorganisation based on international treaties has proved capable of having far-reaching effects on both its Member States and on countries that lie beyond its borders, and discusses how its law and legal system have proved remarkably effective in ensuring that Member States respect the commitmentsthey made when they signed the Treaties. Answering some of the key questions surrounding EU law, such as what exactly it is about, and how it has become part of the legal DNA of its Member States so much more effectively than other treaty-based regimes, Arnull considers the future for the EuropeanUnion.ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, andenthusiasm to make interesting and challenging topics highly readable.

The Criminalization Of European Cartel Enforcement

Author: Peter Whelan
Publisher: OUP Oxford
ISBN: 0191649023
Size: 71.24 MB
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Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.

The Rule Of Law In The European Union

Author: Theodore Konstadinides
Publisher: Bloomsbury Publishing
ISBN: 1509916547
Size: 38.25 MB
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This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

The Principle Of Loyalty In Eu Law

Author: Marcus Klamert
Publisher: Oxford University Press
ISBN: 0199683123
Size: 74.44 MB
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The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.