Law Enforcement by EU Authorities


Law Enforcement by EU Authorities

Implications for Political and Judicial Accountability

9781786434623 Edward Elgar Publishing
Edited by Miroslava Scholten, Associate Professor of EU law enforcement, Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Department of International and EU law, Faculty of Law, Economics and Governance, Utrecht University, the Netherlands and Michiel Luchtman, Professor of Transnational Law Enforcement and Fundamental Rights, Willem Pompe Institute for Criminal Law and Criminology and Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Utrecht University, the Netherlands
Publication Date: 2017 ISBN: 978 1 78643 462 3 Extent: 400 pp
EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

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Law Enforcement by EU Authorities is the first comprehensive study of a new development in the field of EU law and governance: the proliferation of EU enforcement authorities (EEAs). It offers an investigation into each of the existing eight EEAs, the prospective European Public Prosecutor’s Office and how they enforce EU law vis-à-vis private actors together with relevant national enforcement authorities.

The study focuses on the interplay between political accountability and judicial protection in the system of shared direct enforcement. It offers a comparative investigation into the EU-national interrelationship in the field of shared enforcement and shows the need for improvement of democratic control and judicial protection in the area of ‘shared tasks, but separated controls’. Expert contributors analyse these issues in relation to specific sectors, including financial/banking supervision, aviation, food law, fisheries, fraud, financial interests of the European Union, competition law and pharmaceuticals.

This detailed book includes insights from both academics and practitioners, drawing on different national backgrounds and subject specialisms. It provides an important resource for researchers of EU law and governance and officials in the field of enforcement.
Critical Acclaim
‘The book provides an excellent and in-depth analysis of each major European enforcement agency; how they interact with national agencies; and identifies strengths and gaps in the accountability frameworks governing those bodies. This book is a must have for academics and policy makers who seek to understand the operation of EU enforcement mechanisms.’
– Philip Bender, Australian Journal of Public Administration

‘The book is a valuable contribution to the better understanding of shared administration (enforcement) and “agencification” of accountability systems in the EU.’
– Ernö Várnay, Common Market Law Review
Contributors: F. Blanc, A. Brenninkmeijer, F. Cacciatore, M. Chamon, F. Coman-Kund, A. Corini, P. Craig, K. Cseres, T. Duijkersloot, M. Eliantonio, J. Foster, A. Karagianni, F. Kets, R. Kraaijeveld, M. Luchtman, M. Maggetti, G. Ottimofiore, A. Ottow, A. Outhuijse, M. Ratajczyk, E. Schmidt, M. Scholten, B.M.J. van der Meulen, E. van Gelder, M. van Rijsbergen, E. Versluis, J. Vervaele, M. Wasmeier, R. Widdershoven, S. Wirtz

1. The proliferation of EU enforcement authorities: a new development in law enforcement in the EU
Miroslava Scholten, Michiel Luchtman and Elmar Schmidt

2. Political and judicial accountability in the EU shared system of banking supervision and enforcement
Ton Duijkersloot, Argyro Karagianni and Robert Kraaijeveld

3. ‘Rating’ ESMA’s accountability: ‘AAA’ status
Marloes van Rijsbergen and Jonathan Foster

4. Parallel enforcement and accountability: the case of EU competition law
Katalin Cseres and Annalies Outhuijse

5. Shared enforcement and accountability in the EU aviation safety area: the case of the European Aviation Safety Agency
Florin Coman-Kund, Mikołaj Ratajczyk and Elmar Schmidt

6. Complex procedures as hurdle to accountability: verticalization of pharmaceutical enforcement
Merijn Chamon and Sabrina Wirtz

7. Fishing in troubled waters? Shared enforcement of the common fisheries policy and accountability gaps
Federica Cacciatore and Mariolina Eliantonio

8. Enforcement of EU food law
Antonia Corini, Bernd van der Meulen, Floris Kets, Giuseppa Ottimofiore and Florentin Blanc

9. The political and judicial accountability of OLAF
Michiel Luchtman and Martin Wasmeier

10. Judicial and political accountability for criminal investigations and prosecutions by a European Public Prosecutor''s Office in the EU: the dissymmetry of shared enforcement
John Vervaele

11. The interplay of mandates and accountability in enforcement within the EU
Florentin Blanc and Giuseppa Ottimofiore

12.The European Court of Auditors: the guardian of EU finances
Alex Brenninkmeijer and Emma van Gelder

13. Pertinent issues of judicial accountability in EU shared enforcement
Rob Widdershoven and Paul Craig

14. Political and judicial accountability in shared enforcement in the EU
Miroslava Scholten, Martino Maggetti and Esther Versluis


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