Enforcement of EU Law

The Role of the European Commission

«It is only a minority of commentators that have delved into this rather daunting area of EU law and made some meaningful points about the Commission's set of enforcement tools. Andersen falls into this category of legal scholars, providing a comprehensive analysis of the Commission's enforcement powers under the general infringement procedure and other supplementary means. In the monograph under review, she provides a detailed overview of the supervision, monitoring and measures to ensure Member States' compliance in EU law... a very accomplished book in a well-travelled area, but one which not many dare to revisit,»

Theodore Konstadinides, European Law Review
A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Les mer
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Om boka

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement
of EU law.

Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning
repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional
overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Fakta

Anmeldelser

«It is only a minority of commentators that have delved into this rather daunting area of EU law and made some meaningful points about the Commission's set of enforcement tools. Andersen falls into this category of legal scholars, providing a comprehensive analysis of the Commission's enforcement powers under the general infringement procedure and other supplementary means. In the monograph under review, she provides a detailed overview of the supervision, monitoring and measures to ensure Member States' compliance in EU law... a very accomplished book in a well-travelled area, but one which not many dare to revisit,»

Theodore Konstadinides, European Law Review

«[The book] develop[s] a subtle and complex approach to the processes analysed.»

Michael Maira, Journal of European Social Policy

«The book is very well written and based on a solid legal analysis as well as a deep knowledge of Commission practice. It goes far beyond a mere updated explanation of the functioning of the infringement procedure. It is highly recommended not only to scholars and lawyers, but also - especially in its first part - to those who need a first approach to the Commission's modern role as the "guardian of the Treaties".»

Roberto Mastroianni, Common Market Law Review

Innholdsfortegnelse

Introduction ; 1. The Commission's General Powers of Enforcement ; 2. Failure to Comply with EU Law: Article 258 TFEU ; 3. Failure to Comply with a Judgement of the Court: Article 260 TFEU ; 4. The Commission's Quest for Stronger Powers of Enforcement ; 5. The Functional Overlap of Enforcement and Implementation Tools ; 6. The Emergence of Non-Binding, Auxiliary Enforcement Procedures: Expert Management of Compliance with Directives ; 7. The Commission's Enforcement Powers in Context ; Bibliography

Om forfatteren

Stine Andersen practices with Kromann Reumert, Denmark's leading law firm, where she deals primarily with EU law and tax law. Before joining Kromann Reumert she worked for Kammeradvokaten/Law Firm Poul Schmith. She has also served as visiting research fellow at Lucy Cavendish College, University of Cambridge, and taught advanced EU law as external lecturer at University of Copenhagen. In 2007 she obtained a PhD in EU law at the European University Institute,
Florence. She has first-hand experience with EU inter-institutional relations from several graduate and post-graduate traineeships, including with the Danish EU-mission in Brussels and the UN Liaison Office of the Council of the European Union in New York.