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Book Cover
E-book
Author Andersen, Stine

Title The enforcement of EU law : the role of the European Commission / Stine Andersen
Published Oxford : Oxford University Press, 2013

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Description 1 online resource
Series [Oxford studies in European law]
Oxford studies in European law.
Contents ""Cover""; ""Contents""; ""General Editors� Preface""; ""Table of Cases ""; ""Tables of Legislation""; ""Introduction""; ""1. Introduction to the Book and its Central Themes""; ""2. Research Methodologies""; ""2.1 Procedural law, governance, and constitutional theory""; ""2.2 Political science, international relations, and international law theory""; ""1 The Commission�s General Powers of Enforcement""; ""1. Introduction""; ""2. Infringement Procedures in the ECSC, the (E)EC, and the EU�From Binding to Investigatory Powers of Enforcement""
""3. The Political Conditions of the Commission�s Enforcement Powers""""3.1 The Commission�s discretion and the practice of friendly settlements""; ""3.2 The semi-political role of the Commission""; ""3.3 The member state governments� call for flexible enforcement""; ""3.4 EU law�s dependency on a dual source of authority""; ""3.5 Particularities of the EU normative framework""; ""3.6 Preliminary conclusions""; ""4. The Notions of Enforcement, Compliance, and Effectiveness""; ""4.1 Enforcement""; ""4.2 Compliance""; ""4.3 Effectiveness""
""2 Failure to Comply with EU Law: Article 258 TFEU """"1. Introduction""; ""2. Procedural Clarifications""; ""2.1 Pre-litigation procedure""; ""2.2 The judicial phase""; ""2.3 The principle of sincere cooperation""; ""2.4 The notion of member state""; ""3. Confidentiality, Discretion, and the Position and Role of Individuals""; ""3.1 Vigilance of individuals""; ""3.2 Mounting pressure on the Commission�s discretion""; ""3.3 The Commission�s handling of complaints""; ""3.4 Access to documents""; ""3.5 The European Parliament""; ""3.6 Preliminary conclusions""
""4. Article 258 TFEU in Perspective""""4.1 Managing non-compliance""; ""4.2 Cooperation""; ""4.3 Identification and justification""; ""4.4 Technical assistance""; ""4.5 Discourse and persuasion�elitist settlements""; ""4.6 Dispute settlement""; ""4.7 Transparency (between the member states)""; ""5. Conclusion""; ""3 Failure to Comply with a Judgment of the Court: Article 260 TFEU""; ""1. Introduction""; ""2. Pecuniary Sanctions�the Maastricht and Lisbon Treaty Amendments""; ""3. Article 260(1) TFEU""; ""4. Article 260(2) TFEU""
""4.1 Omitting the reasoned opinion and the search for amicable settlement""""4.2 Procedural clarifications""; ""5. Article 260(3) TFEU: A Lex Specialis Fast-Track Enforcement Procedure""; ""6. Sanctions in Perspective""; ""6.1 Mobilization""; ""6.2 Legitimacy""; ""6.3 Maintaining the sanction""; ""6.4 Boycotts versus fines""; ""6.5 Preliminary conclusions on EU sanctions""; ""7. Conclusion""; ""4 The Commission�s Quest for Stronger Powers of Enforcement""; ""1. Introduction""; ""2. The Context""; ""3. Why Stronger Powers?""; ""4. Sources of Institutional Power""
Summary 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 centralised EU enforcement. It describes the different practices available analysing their effectiveness and discussing the Commission's role in ensuring compliance
Notes Series from CIP print record
Bibliography Includes bibliographical references and index
Notes Online resource; title from home page (viewed on December 14, 2012)
Subject European Commission.
SUBJECT European Commission fast
Subject Effectiveness and validity of law -- European Union countries
International and municipal law -- European Union countries
Effectiveness and validity of law
International and municipal law
European Union countries
Form Electronic book
ISBN 9780191749582
0191749583