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EU Law Enforcement: The Evolution of Sanctioning Powers

Edited by: Stefano Montaldo, Francesco Costamagna, Alberto Miglio

ISBN13: 9780367186401
Published: February 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00
Paperback edition , ISBN13 9780367765668



Despatched in 4 to 6 days.

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.

Subjects:
EU Law
Contents:
1. Introduction
Stefano Montaldo, Francesco Costamagna, Alberto Miglio
2. EU (Shared) Law Enforcement: Who Does What and How?
Miroslava Scholten
3. New Actors on the Stage: The Emerging Role of EU Agencies in Exercising Sanctioning Powers
Jacopo Alberti
4. From Sanctions to Prevention, and Now Back to Sanctions? Article 7 TEU and the Protection of the EU Founding Values
Matteo Bonelli
5. Infringement Procedures and Sanctions under Article 260 TFEU: Evolution, Limits and Future Prospects
Luca Prete
6. Fundamental Rights as Constraints to the Power of the European Union to Impose Sanctions
Nicole Lazzerini
7. EU Sanctioning Power and the Principle of Proportionality
Stefano Montaldo
8. Sanctions in the EMU Economic Pillar
Francesco Costamagna, Alberto Miglio
9. The Sanctioning Power of the ECB: From One to Several Regimes
Frédéric Allemand
10. Restrictive Measures as Tools of EU Foreign and Security Policy: Promoting EU values, from Antiterrorism to Country Sanctions
Charlotte Beaucillon
11. Entering the Buffer Zone between Legality and Illegality: EU Autonomous Sanctions under International Law
Andrea Spagnolo
12. Sanctions in EU Competition Law: Ensuring Deterrence within the Decentralised Enforcement System of Articles 101 and 102 TFEU
Luca Calzolari
13. Protecting the Environment through Union Sanctions: The Many Facets of the Enforcement of EU Environmental Law
Francesco Munari
14. EU Sanctioning Powers and Data Protection: New Tools for Ensuring the Effectiveness of the GDPR in the Spirit of Cooperative Federalism
Paul De Hert
Index
 
 
 

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