European Union Law

EU Law Enforcement: The Evolution of Sanctioning Powers

Edited by Stefano Montaldo · Francesco Costamagna · Alberto Miglio
Routledge August 2022

Specifications

ISBN-13
9780367765668
Publisher
Routledge
Publication
August 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

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.

Table of Contents

1. Introduction
Stefano Montaldo, Francesco Costamagna, Alberto Miglio 1
2. EU (Shared) Law Enforcement: Who Does What and How?
Miroslava Scholten 7
3. New Actors on the Stage: The Emerging Role of EU Agencies in Exercising Sanctioning Powers
Jacopo Alberti 25
4. From Sanctions to Prevention, and Now Back to Sanctions? Article 7 TEU and the Protection of the EU Founding Values
Matteo Bonelli 47
5. Infringement Procedures and Sanctions under Article 260 TFEU: Evolution, Limits and Future Prospects
Luca Prete 71
6. Fundamental Rights as Constraints to the Power of the European Union to Impose Sanctions
Nicole Lazzerini 93
7. EU Sanctioning Power and the Principle of Proportionality
Stefano Montaldo 115
8. Sanctions in the EMU Economic Pillar
Francesco Costamagna, Alberto Miglio 139
9. The Sanctioning Power of the ECB: From One to Several Regimes
Frédéric Allemand 161
10. Restrictive Measures as Tools of EU Foreign and Security Policy: Promoting EU values, from Antiterrorism to Country Sanctions
Charlotte Beaucillon 187
11. Entering the Buffer Zone between Legality and Illegality: EU Autonomous Sanctions under International Law
Andrea Spagnolo 215
12. Sanctions in EU Competition Law: Ensuring Deterrence within the Decentralised Enforcement System of Articles 101 and 102 TFEU
Luca Calzolari 241
13. Protecting the Environment through Union Sanctions: The Many Facets of the Enforcement of EU Environmental Law
Francesco Munari 267
14. EU Sanctioning Powers and Data Protection: New Tools for Ensuring the Effectiveness of the GDPR in the Spirit of Cooperative Federalism
Paul De Hert 291

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