Implementation of EU Enforcement Provisions: Between European Control and National Practice

Abstract

For effective enforcement of its law the EU is to a large extent dependent on the enforcement efforts of the member states. The member states are responsible for the correct and timely application of EU treaties and secondary EU legislation. This dependence is an important reason for the European legislator and European courts to increasingly guide national enforcement. Interesting questions result from this guidance. What exactly is the relationship between EU legislation in the area of law enforcement and national policy and legislation in this respect? How

EU policy enforcement through EU agencies and networks of national authorities

“…I see EU policy enforcement as public action aimed at preventing or responding to emergencies or violations of EU norms by private actors ( Röben, 2010). This public action typically involves the use of legal powers for 'monitoring, investigating and sanctioning violations of substantive norms' (Vervaele, 1999;Adriaanse et al, 2008), but may also involve other types of activity. In my definition, an institution is also involved in EU policy enforcement when it may request or force other actors to take action for preventing or responding to emergencies or non-compliance; when it distributes information or other resources prior to or as a result thereof; or when it supervises how other institutions enforce EU policies.…”

“…As mentioned, the EU conventionally relies on the member states. This decentralized regime is also referred to as indirect, because the EU institutions do not monitor, investigate or sanction (collectives of) citizens themselves (Adriaanse et al, 2008), but rather leave that to the member states (Rowe, 2009). Although the latter were long autonomous in the formal and operational design of their enforcement systems, the EU increasingly controls member state enforcement through regulatory obligations.…”

“…Case law of the ECJ sets general requirements (e.g. Von Colson and Kamann, 1984;Greek Mais, 1989;Spanish strawberries, 1997), while secondary and soft law instruments contain more detailed standards for (among others) the nature of sanctions to be imposed upon violation of an EU rule (criminal, administrative or private), the establishment and architecture of national enforcement authorities and the attribution and use of enforcement powers (Adriaanse et al, 2008).…”

“…The EU has long been central to devising regulatory policy on the European continent. And to make individuals and organizations abide by EU substantive norms, the EU initially relied on its member states (Adriaanse et al, 2008;De Moor-Van Vugt & Widdershoven, 2015). Since the 1980s, however, the EU is getting more concerned with EU policy enforcement.…”