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Author: Stefano Montaldo
Publisher: Routledge
ISBN: 0429582773
Category : Law
Languages : en
Pages : 511
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Book Description
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.
Author: Stefano Montaldo
Publisher: Routledge
ISBN: 0429582773
Category : Law
Languages : en
Pages : 511
Get Book
Book Description
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.
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
ISBN: 1786434636
Category : SOCIAL SCIENCE
Languages : en
Pages : 416
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Book Description
EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
Author: András Jakab
Publisher: Oxford University Press
ISBN: 0191063517
Category : Law
Languages : en
Pages : 425
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Book Description
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Author: Anna Fiodorova
Publisher: Routledge
ISBN: 1351240242
Category : Law
Languages : en
Pages : 268
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Book Description
Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.
Author: Cristina Blasi Casagran
Publisher: Routledge
ISBN: 1317223276
Category : Law
Languages : en
Pages : 264
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Book Description
This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.
Author: Marc Veenbrink
Publisher: Kluwer Law International B.V.
ISBN: 9403514418
Category : Law
Languages : en
Pages : 506
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Book Description
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author: Eleni Kosta
Publisher: Oxford University Press
ISBN: 0192855220
Category : Law
Languages : en
Pages : 993
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Book Description
The EU Law Enforcement Directive (LED): A Commentary provides an article-by-article commentary on the Law Enforcement Directive (Directive 2016/680) edited by two leading scholars in the field of personal data protection.
Author: Stine Andersen
Publisher: Oxford University Press
ISBN: 0199645442
Category : Law
Languages : en
Pages : 272
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Book Description
Examining the European Commission's current range of practices for exercising control over the meaning and implementation of EU law, this book provides a comprehensive analysis of centralised EU enforcement. It describes the different practices available analysing their effectiveness and discussing the Commission's role in ensuring compliance.
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
ISBN: 1802208038
Category : Law
Languages : en
Pages : 581
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Book Description
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.
Author: Malcolm Anderson
Publisher: Oxford University Press on Demand
ISBN: 9780198259657
Category : History
Languages : en
Pages : 331
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Book Description
International co-operation in criminal law enforcement has become a centrally important policy issue for Europe in the 1990s. In criminal matters, when a decision is taken to go beyond the discretionary exchange of information towards institutionalized police co-operation, a whole Pandora'sbox of issues and problems is opened. This book, based on interviews in a wide variety of documentary sources, examines the progress of this co-operation. The authors cover all the major and theoretical issues associated with the emerging pattern of co-operation, including the harmonization ofcriminal law and criminal procedure, law enforcement strategies, police organization and discipline, and the politics of immigration and civil liberties. In a European Union without internal border controls there is widespread agreement on the objective of closer police co-operation. But prospects in some areas are not good and there are potential pitfalls, even dangers, along the road to more integrated arrangements. The authors conclude by makingrecommendations that proper accountability arrangements are a prerequisite of a balanced and efficient system of European police co-operation.
