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Research Handbook on the Enforcement of EU Law

Research Handbook on the Enforcement of EU Law

Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
ISBN: 9781802208023
Published In: September 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Foreword xii

Acknowledgements xiv

PART I. ENFORCEMENT OF EU LAW FROM A CONCEPTUAL POINT OF VIEW

1. Introduction to Research Handbook on the Enforcement of EU Law 2

Miroslava Scholten and Leander Stähler

2. Private enforcement of EU law 19

Olha O Cherednychenko

3. Administrative law enforcement of EU law 38

Ton Duijkersloot and Rob Widdershoven

4. Criminal law enforcement of EU law and the impact of Europeanization 56

Frank Meyer and Dimitrios Tsilikis

5. Enforcement concepts and strategies in the EU 76

Jeroen van der Heijden and Olga Batura

6. Challenges in EU law enforcement and the digital age 91

Asya Zhelyazkova

PART II. ENFORCEMENT OF EU LAW FROM AN INSTITUTIONAL PERSPECTIVE

7. European Commission 107

Urszula Jaremba

8. The Court of Justice of the European Union and national courts as enforcers of EU law 123

Frans van Dijk and Kees Sterk

9. National enforcers and European networks as engines for enforcement cooperation 139

Eva Ruffing

10. EU enforcement agencies 152

Miroslava Scholten

11. The choice of EU agencies or networks of national authorities: exploring the relevance of regulated industry characteristics 167

Laurens van Kreij

PART III. ENFORCEMENT OF EU LAW FROM A SECTORAL PERSPECTIVE

12. The Common Commercial Policy and customs union 186

Thomas Verellen

13. Public and private enforcement possibilities within the EU’s Common Foreign and Security Policy 199

Graham Butler

14. Economic and monetary union 215

Ton van den Brink and Luca Collazzo

15. European banking union 231

Argyro Karagianni and Laura Wissink

16. Anti-money laundering 246

Christy Ann Petit

17. A power to fine: establishing negligence and intent in infringements by credit rating agencies and trade repositories 265

Jonathan Foster

18. The internal market 281

Olivier Linden

19. Labour law and social policy 298

Frans Pennings

20. Environmental law 315

Florentin Blanc, Paola Coletti, Campbell Gemmell and Carola Bertone

21. Food law 333

Florentin Blanc and Luca Megale

22. The enforcement of EU consumer law 349

Christine Riefa and Mateusz Grochowski

23. Energy law 364

Julius Rumpf and Catherine Banet

24. Enforcing common fisheries and agricultural policies 380

Federica Cacciatore, Mariolina Eliantonio and Joseph A McMahon

25. Competition law 397

Maciej Bernatt and Laura Zoboli

Index

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