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New Directions in the Effective Enforcement of EU Law and Policy

Edited by Sara Drake, Lecturer and Melanie Smith, Reader, Cardiff School of Law and Politics, Cardiff University, UK
The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU legal and regulatory scholars and political scientists to explore the wealth of new legal and regulatory practices, strategies and actors that are emerging to complement the classic avenues of central and decentralized enforcement.
Extent: 368 pp
Hardback Price: $147.00 Web: $132.30
Publication Date: 2016
ISBN: 978 1 78471 868 8
Availability: In Stock
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  • Law - Academic
  • Constitutional and Administrative Law
  • European Law
  • Politics and Public Policy
  • European Politics and Policy
  • Public Policy
The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement.

The contributors evaluate the traditional ‘dual vigilance’ framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance.

This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.
‘A welcome addition to scholarship on the enforcement of EU Law, the Drake and Smith edited collection brings three interrelated approaches to bear on the pressing and familiar challenge of effective enforcement: regulation, networked governance and innovations in enforcement in traditional and new fields of EU competence. In doing so, it requires EU law scholars to reconsider what is meant by enforcement and, through its engagement with political science, brings this important legal question to a wider EU Studies audience.’
– Imelda Maher, Sutherland Professor of European Law, University College Dublin, Ireland

‘New Directions in the Effective Enforcement of EU Law and Policy is an important book on an important topic. Demonstrating a deep commitment to interdisciplinary work, not least among lawyers and political scientists, it casts fresh light on what are increasingly creative strategies for achieving effective enforcement in the fragmented and fluid system of EU governance. At the heart of this is a clear understanding of the different roles and perspectives of multiple actors, not just the European Commission.’
– Richard Rawlings, University College London, UK
Contributors: E. Baker, P. Cortés, S. Drake, M. Eliantonio, M. Hobolth, M. Lottini, D.S. Martinsen, R. Murphy, C. Petrucci, J. Polak, M. Smith, J. Van der Heijden, E. Versluis

Contents:

Preface

Introduction by Melanie Smith and Sara Drake

1. More Effective Private Enforcement of EU Law Post-Lisbon: Aligning Regulatory Goals and Constitutional Values
Sara Drake

2. The Visible, the Invisible and the Impenetrable: Innovations or Rebranding in Centralised Enforcement of EU Law?
Melanie Smith

3. The Long, But Promising, Road from Deterrence to Networked Enforcement
Jeroen Van Der Heijden

4. The Virtues of Interdependence and Informality: An Analysis of the Role of Transnational Networks in the Implementation of EU Directives
Josine Polak and Esther Versluis

5. The SOLVIT Network and the Effective Enforcement of EU Law. What is New?
Micaela Lottini

6. The Effectiveness of Transgovernmental Networks: Managing the Practical Application of European Integration in the Case of SOLVIT
Dorte Sindbjerg Martinsen and Mogens Hobolth

7. Enforcing EU Environmental Policy Effectively: International Influences, Current Barriers and Possible Solutions
Mariolina Eliantonio

8. Enforcing EU Consumer Policy More Effectively: A Three-Pronged Approach
Pablo Cortés

9. Effective Private Enforcement of EU Competition Law: An Input and Output Legitimacy Analysis of Collective Redress
Carlo Petrucci

10. A Case of "Nested Enforcement": Article 83 (2) TFEU, Compliance and the Area of Freedom, Security and Justice Post-Lisbon
Estella Baker

11. The Effective Enforcement of Economic Governance in the European Union: Brave New World or a False Dawn?
Ryan Murphy

Conclusions by Melanie Smith and Sara Drake

Index