Michiel Luchtman - Böcker

EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities’ investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.

EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities’ investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.

How does EU membership affect national sovereignty? This question has acquired a central place in the public debate on the European Union. National sovereignty relates to the independence of nation states in international affairs and to their autonomy to organize domestic matters. The European Union has challenged both, or so it has been perceived. In any case, such a view on sovereignty narrows the focus down to the question of national policy discretion.This edited volume offers a broader perspective on sovereignty relying on the international law concept. In addition to authority, this concept also includes citizenship and territory and assumes unity between these three elements. The focus is on the role of core values such as (representative) democracy, rule of law, justice, equality and economic stability in the process of shaping sovereignty in the shared legal order of the European Union. Moreover, not only the EU's power to regulate, but also issues of enforcement are addressed.Seven case-studies exploring 11 policy domains ranging from financial markets to social policy, and from administrative law to private law address two sub questions: how do core values define the relation between EU and national authority, citizenship and territory and how are conflicts between core values addressed within this shared legal order. Three cross-cutting studies on authority, citizenship, and territory identify common approaches and existing challenges.All 23 contributors of this volume work at the Utrecht Centre for Shared Regulation and Enforcement in Europe (RENFORCE).

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-a-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 analyze 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.Contributors include: 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