Enforcement Agency Practice In Europe
Download Enforcement Agency Practice In Europe full books in PDF, epub, and Kindle. Read online free Enforcement Agency Practice In Europe ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Mads Andenas |
Publisher | : British Inst of International & Comparative |
Total Pages | : 399 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780903067690 |
How far away is Europe from an area of 'free movement' of judgments in the same way that there is free movement of goods, persons, services and capital? Just as the free movement of goods has required the harmonization of standards relating to the manufacture and distribution of goods, the free movement of judgments will require the harmonization of procedural standards and the creation of new interfaces between systems. Focus has been on the mutual recognition of judgments. The next stage is the actual enforcement of a legally enforceable judgment, and this book is the first major contribution to comparative scholarship on this topic. The differences between the systems of civil procedure in the European Member States are deep-seated and relate in particular to different approaches to judicial organization. The development of appropriate rules for the European Judicial Area is a complex task. Practitioners typically do not have the time or the incentive to explore the reasons for the difficulties they face in cross-border disputes. Policy makers lack input from practitioners. A framework needs to be created where detailed comparative information can be provided on subjects that are of interest to policy makers so that structural differences can be properly taken into account. This book examines the structure, status and procedures of enforcement agencies in Europe and the implications for individuals and companies in seeking to enforce a judgment in the European Judicial Area.
Author | : Stefano Montaldo |
Publisher | : Routledge |
Total Pages | : 511 |
Release | : 2021-02-22 |
Genre | : Law |
ISBN | : 0429582773 |
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 | : Malcolm Anderson |
Publisher | : Oxford University Press on Demand |
Total Pages | : 331 |
Release | : 1995 |
Genre | : History |
ISBN | : 9780198259657 |
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.
Author | : Carla Crifò |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 454 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9041125205 |
Author | : OECD |
Publisher | : OECD Publishing |
Total Pages | : 199 |
Release | : 2019-03-19 |
Genre | : |
ISBN | : 9264311734 |
Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...
Author | : Michelle Everson |
Publisher | : Kluwer Law International |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Administrative agencies |
ISBN | : 9789041128430 |
Despite concerted efforts in recent years to define the position of agencies in the Union framework, a clear overall view of their role and powers in relation to the EU institutions and to the Member States is still lacking. Their hybrid character as part of the composite EU executive, and the fact that increasing powers are delegated to them, makes an understanding of the efficacy and accountability of agencies ever more important. Benefitting from both academic and practitioner insights from law, political and social sciences, this important book offers an in-depth analysis of the current challenges surrounding European agencies in terms of their design, autonomy, supervisory competence, and legal nature. Among the topics covered are the following: realities of the accountability mechanisms currently in place; impact of agency acts on the EU's institutional balance of powers; agencies as global actors acting on behalf of Member States and EU external relations; agencies derived from former networks of national regulators; non-hierarchical 'par' nature of agencies vis-à-vis corresponding national authorities; agencies as crucial amalgams between EU institutions and Member States; effect of the Meroni doctrine; new financial supervisory agencies resulting from recent economic and financial crises; special role of telecommunications agencies; and intricacies of the relationship between agencies and the European Parliament. Because EU agencies are designed to facilitate the implementation of EU law at the national level, powers are increasingly conferred on them in order to ensure that rules are enforced effectively and uniformly. The time has come, however, to confront the many questions of legality and constitutionality that remain. This book responds to the vital as to the role and powers of agencies in relation to their manifold 'principals', the EU institutions and the Member States, and lays a firm foundation for managing the challenges ahead.
Author | : Madeleine de Cock Buning |
Publisher | : Bloomsbury Publishing |
Total Pages | : 599 |
Release | : 2020-06-25 |
Genre | : Law |
ISBN | : 1509919538 |
Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.
Author | : Pablo Ibáñez Colomo |
Publisher | : Bloomsbury Publishing |
Total Pages | : 359 |
Release | : 2023-12-14 |
Genre | : Law |
ISBN | : 1782259147 |
This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.
Author | : Council of Europe |
Publisher | : Council of Europe |
Total Pages | : 402 |
Release | : 2018-04-15 |
Genre | : Political Science |
ISBN | : 9287198497 |
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Author | : Hans-W. Micklitz |
Publisher | : Bloomsbury Publishing |
Total Pages | : 502 |
Release | : 2016-04-07 |
Genre | : Law |
ISBN | : 1849468923 |
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.