The role of the European Commission as guardian of compliance PDF Download

Author: Markus Preslmayr
Publisher: GRIN Verlag
ISBN: 366898932X
Category : Law
Languages : en
Pages : 32

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Book Description
Academic Paper from the year 2019 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, University of Vienna (Institut für Unternehmensrecht), language: English, abstract: This paper was originally designed as a research paper and aims to analyse both the legal nature and intention of the EU law infringement procedure. Thereby, the role of the European Commission has priority. A brief overview of effect and potential weak points of the procedure under Art. 258 TFEU will be provided. The essay deals likewise with alternative ways to ensure compliance and concludes with an insight into current legal and political challenges. [German] Diese Analyse der Rechtsnatur und Intention des Europäischen Vertragsverletzungsverfahren wurde als Studienarbeit verfasst und soll dem Leser einen kurzen Überblick über Wirkung und mögliche Schwachstellen des Vertragsverletzungsverfahrens nach Art. 258 AEUV geben. Die Arbeit behandelt auch alternative Ansätze der Rechtsdurchsetzung und zeigt überblicksartig aktuelle Probleme der Rechtsbefolgung auf Europäischer Ebene auf.

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: 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: Marise Cremona
Publisher: OUP Oxford
ISBN: 019163025X
Category : Law
Languages : en
Pages : 248

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Book Description
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.

Author: Eva Thomann
Publisher: Routledge
ISBN: 1351118609
Category : Political Science
Languages : en
Pages : 233

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Book Description
Multi-level governance systems like the European Union (EU) calibrate integration with member state discretion in order to implement common, yet context-sensitive solutions to shared policy problems. Research on implementation in the EU typically focuses on legal compliance with EU policy. However, this focus gives us an incomplete picture of EU implementation, its diversity and practice. The contributions of this collection represent a shift toward a more performance-oriented perspective on EU implementation as problem-solving. They approach implementation fundamentally as a process of interpretation of superordinate law by actors who are embedded within multiple contexts arising from the coexistence of dynamics of Europeanization, on the one hand, and what has been termed ‘domestication’, on the other. Moving beyond legal compliance, the contributions provide new evidence on the diversity of domestic responses to EU policy, the roles and motivations of actors implementing EU policy, and the ‘black box’ of EU law in action and its enforcement. By reassessing the relative importance of EU policy and domestic factors and actors for the outcomes of EU implementation, the results give insight into on the nuanced interplay between Europeanization and domestication forces, useful for both EU researchers and practitioners. The chapters originally published as a special issue in the Journal of European Public Policy.

Author: Melanie K. Smith
Publisher:
ISBN: 0415467845
Category : Law
Languages : en
Pages : 253

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Book Description
Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States' conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.

Author: Tanja A. Börzel
Publisher: Cornell University Press
ISBN: 150175341X
Category : Political Science
Languages : en
Pages : 282

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Book Description
Why Noncompliance traces the history of noncompliance within the European Union (EU), focusing on which states continuously do or do not follow EU Law, why, and how that affects the governance in the EU and beyond. In exploring the EU's long and varied history of noncompliance, Tanja A. Börzel takes a close look at the diverse groups of noncompliant states throughout the EU's existence. Why do states that are vocally critical of the EU have a better record of compliance than those that support the EU? Why has noncompliance been declining since the 1990s, even though the EU was adding member-states and numerous laws? Börzel debunks conventional wisdoms in EU compliance research, showing that noncompliance in the EU is not caused by the new Central and Eastern European member states, nor by the Eurosceptic member states. So why do these states take the brunt of Europe's misplaced ire? Why Noncompliance introduces politicization as an explanatory factor that has been long overlooked in the literature and scholarship surrounding the European Union. Börzel argues that political controversy combined with voting power and administrative capacity, explains why noncompliance with EU law has been declining since the completion of the Single Market, cannot be blamed on the EU's Central and Easter European member states, and is concentrated in areas where EU seeks to protect citizen rights. Thanks to generous funding from Freie Universitat Berlin, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357

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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Author: Ludwig Krämer
Publisher:
ISBN: 9780421590205
Category : Environmental law
Languages : en
Pages : 0

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Author: Stephan Lutzenberger
Publisher:
ISBN: 9783030949778
Category :
Languages : en
Pages : 0

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Book Description
The European Union, as a regulatory polity based on integration through law, arguably relies more on legal compliance with its policies than any other political system. Proceeding from this point of departure, this book puts the spotlight on the subnational tier and scrutinizes its role in ensuring compliance. Drawing on a dataset of infringement proceedings against federal and regionalized member states, the book shows that strong shared rule, i.e., strong cooperation between national and subnational authorities, can improve national compliance records. In contrast, policy sectors with strong redistributive consequences impair subnational authorities' capacity to comply. In short, policy and politics matter more than polity. The Author Dr. Stephan Lutzenberger has been working as a researcher and lecturer at the Center for European Integration, part of the Otto-Suhr-Institut, Free University of Berlin, Germany.