The Enforcement of EU Law: The Role of the European Commission

by Stine Andersen

Overview

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.

Product Details

ISBN-13:	9780191650055
Publisher:	OUP Oxford
Publication date:	11/29/2012
Series:	Oxford Studies in European Law
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

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.

Table of Contents

Introduction1. The Commission's General Powers of Enforcement2. Failure to Comply with EU Law: Article 258 TFEU3. Failure to Comply with a Judgement of the Court: Article 260 TFEU4. The Commission's Quest for Stronger Powers of Enforcement5. The Functional Overlap of Enforcement and Implementation Tools6. The Emergence of Non-Binding, Auxiliary Enforcement Procedures: Expert Management of Compliance with Directives7. The Commission's Enforcement Powers in ContextBibliography

Editorial Reviews

"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...[The Enforcement of EU Law is] a very accomplished book in a well-travelled area, but one which not many dare to revisit." -Theodore Konstadinides, European Law Review

From the Publisher