The Enforcement of EU Law by Andersen, Stine;

The Role of the European Commission

Series: Oxford Studies in European Law;

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Product details:

Publisher OUP Oxford
Date of Publication 29 November 2012

ISBN 9780199645442
Binding Hardback
No. of pages272 pages
Size 240x162x25 mm
Weight 558 g
Language English

Short 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 centralized EU enforcement. It describes the different practices available, analysing their effectiveness and discussing the Commission's role in ensuring compliance.

Long description:

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.

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,

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

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