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Compliance and the Enforcement of EU Law

Compliance and the Enforcement of EU Law

Author: Marise Cremona
Publisher: Oxford University Press
ISBN: 9780199644735
Published In: March 2012
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides a thorough analysis of the different aspects of EU law enforcement, including court-based methods of enforcement and political processes designed to encourage compliance
Draws comparisons between EU law and international law, assessing the contributions of national courts and the effect this has on compliance with EU law
Illustrates the issues of compliance and non-compliance using examples drawn from key recent cases
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.

Readership: Academics and advanced students of EU law; lawyers and political scientists working on the enforcement of EU law.

Marise Cremona: Introduction
1: Lisa Conant: Compliance and What EU Member States Make of It
2: Edoardo Chiti: The Governance of Compliance
3: Sibylle Grohs: Article 258/260 TFEU Infringement Procedures: The Commission Perspective in Environmental Cases
4: Michael Dougan: From the Velvet Glove to the Iron Fist: Criminal Sanctions for the Enforcement of Union Law
5: Darinka Piqani: The Role of National Constitutional Courts in Issues of Compliance
6: André Nollkaemper: The Role of National Courts in Inducing Compliance with International and European Law - A Comparison

Edited by Marise Cremona, Professor of European Law at the European University Institute, Florence

Marise Cremona is Professor of European Law at the European University Institute, Florence.

Contributors:

Edoardo Chiti, Professor of Adminsitrative Law at the University of La Tuscia, Italy
Lisa Conant, Associate Professor of Political Science at the University of Denver, Colorado
Michael Dougan, Professor of European Law at the University of Liverpool
Sibylle Grohs, Compliance Promotion, Governance, and Legal Issues Unit, Environment Directorate General of the European Commission
André Nollkaemper, Professor of Public International Law, University of Amsterdam
Darinka Piqani, Lecturer in EU Law at the Europa Institute of Leiden University