EU Law Enforcement: The Evolution of Sanctioning Powers 1st Edition by Stefano Montaldo 9780429582776 0429582773

EU Law Enforcement: The Evolution of Sanctioning Powers 1st Edition Stefano Montaldo – Ebook Instant Download/Delivery ISBN(s): 9780367186401, 0367186403, 9780429582776, 0429582773

Product details:

• ISBN 10: 0429582773
• ISBN 13: 9780429582776
• Author: Stefano Montaldo

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.

Table contents:

1. Introduction

2. EU (shared) Law Enforcement: Who Does What and How?

3. New Actors on the Stage: The Emerging Role of the EU Agencies in Exercising Sanctioning Powers

4. From Sanctions to Prevention, and Now Back to Sanctions? Article 7 TEU and the Protection of the EU Founding Values

5. Infringement Procedures and Sanctions under Art. 260 TFEU: Evolution, Limits and Future Prospects

6. Fundamental Rights as Constraints to the Power of the European Union to Impose Sanctions

7. EU Sanctioning Power and the Principle of Proportionality

8. Sanctions in the EMU Economic Pillar

9. The Sanctioning Power of the ECB: From One to Several Regimes

10. Restrictive Measures as Tools of EU Foreign and Security Policy: Promoting values, from Antiterrorism to Country Sanctions

11. Entering the Buffer Zone between Legality and Illegality: EU Autonomous Sanctions under International Law

12. Sanctions in EU Competition Law: Ensuring Deterrence within the Decentralised Enforcement System of Articles 101 and 102 TFEU

13. Protecting the Environment through Union Sanctions: The Many Facets of the Enforcement of EU Environmental Law

14. EU Sanctioning Powers and Data Protection: New Tools for Ensuring the Effectiveness of the GDPR in the Spirit of Cooperative Federalism

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