European Union Law

Research Handbook on the Enforcement of EU Law

By Miroslava Scholten
Edward Elgar Publishing September 2023

Specifications

ISBN-13
9781802208023
Publisher
Edward Elgar Publishing
Publication
September 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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