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EU Law Enforcement The Evolution of Sanctioning Powers: The Evolution of Sanctioning Powers


: EU (shared) Law Enforcement: Who Does What and How?: Introduction: Defining EU law enforcement and its types: EU (shared) law enforcement in different policy areas: EU enforcement and sanctions: Conclusion: New Actors on the Stage: The Emerging Role of the EU Agencies in Exercising Sanctioning Powers: Introduction: EU agencies: a brief overviewEU agencies: what's in a name? Some methodological caveats for assessing the bodies under scrutiny...: … and some key-features particularly relevant for understanding their limits and potentialities in issuing sanctions: The agencies’ contribution to EU law enforcement. A theoretical perspectiveEU agencies as a tool to force the 'sanction conundrum' of the EU?: EU agencies as ever-changing creators of enforcement practices: An analytical taxonomy of EU agencies’ direct or indirect sanctioning powers: Collection and spread of information and best practices among national administrations: Monitoring activities and inspections that might bring to sanction issued by national or EU authorities: Power to propose to the Commission to impose fees: Assistance in the enforcement of EU law (a silent erosion of the Commission’s infringement powers?): Power to impose fees (and the not-always-unlimited jurisdiction of the Court of Justice of the EU): EU agencies’ contribution to the exercise of sanctioning power: current and future challenges: From Sanctions to Prevention, and Now Back to Sanctions? Article 7 TEU and the Protection of the EU Founding Values: Introduction: Article 7 TEU: an overview of the system: Article 7(1): clear risk of a serious breach: Article 7(2): serious and persistent breach: Article 7(3) and (4): sanctions: Article 7: concluding thoughtsFrom sanctions to prevention...: The origins of the procedure: a sanctions regime: The Haider case: moving towards prevention: The Commission’s Rule of Law Framework: doubling down on prevention: The Council Rule of Law Dialogue: a ‘culture’ of prevention?: …and now back to sanctions?: The new centrality of Article 7: New tools: rule of law conditionality: Reviving ‘old’ tools: the infringement procedure: Concluding remarks and possible future developments: Infringement Procedures and Sanctions under Art. 260 TFEU: Evolution, Limits and Future Prospects: Introduction: EvolutionArticle 260(2) TFEU: nihil sub sole novum?: Article 260(3) TFEU: (some) clarity at lastThe nature and purpose of the provisionThe scope of the provisionThe an and quantum of the sanctions: Article 279 TFEU: penalty payments as interim measuresThe Court’s order of 20 November 2017Did the Court see the full picture?A more thoughtful reflection: Limits and future prospects: Fundamental Rights as Constraints to the Power of the European Union to Impose Sanctions: Introduction: the twofold relationship between fundamental rights and the power of the Union to impose sanctions: The duty of the Union to respect fundamental rights and its implications on the power to sanction: Substantive and procedural fundamental rights constraints in the sanctioning cycle: a mapping exercise: “Shaping” sanctions: Proceedings that may lead to the imposition of sanctions and related investigatory activities: Judicial review of sanctions: Concluding remarks: EU Sanctioning Power and the Principle of Proportionality: Introduction: proportionality and sanctions in EU law: EU sanctions and proportionality: the normative layer: EU direct sanctions: EU indirect sanctions: the adoption of common standards concerning the duty incumbent upon the Member States to sanction breaches of Union law: The judicial review of EU direct and indirect sanctions: the role of the Court of Justice: The judicial review of national measures: derogations from EU law: The judicial review of national measures: implementation of EU law: The judicial review of EU sanctions: Conclusions: Sanctions in the EMU Economic Pillar: Introduction: The structure of the EMU and the rationale for sanctions: “Hard” sanctioning powers in the EMU economic pillar: Sanctions under the Stability and Growth Pact: The Macroeconomic Imbalances Procedure: The limited application of sanctions: reasons and alternatives: Elements of flexibility in the sanctioning machinery: Enforcement by the market: Conditionality: Towards quasi-automatic enforcement? Reverse qualified majority voting: Conclusion: The Sanctioning Power of the ECB: From One to Several Regimes: Introduction: The distinct philosophy of the ECB’s monetary and prudential tasks: Monetary policy: favouring the market approach: Prudential policy: improving the regulatory approach: The duality and complexity of the two legal regimes: General power to sanction: The specific sanctioning power of the ECB in the prudential supervision area: The convergence of sanctioning procedures: Initiation and investigation phase: The decision on sanction and its administrative review: Concluding remarks: Restrictive Measures as Tools of EU Foreign and Security Policy: Promoting values, from Antiterrorism to Country Sanctions: Introduction: Normative synergies: promoting EU values through international sanctions: The two faces of Janus: a double qualification in EU and international law: EU restrictive measures as international sanctions: The double purpose of EU restrictive measures: respect for international law and EU values: The mechanics of normative exportation: linking EU values to international lawEU restrictive measures implementing UNSC counter-terrorism resolutions: exporting human rights to the international collective security system through the EU member States: EU restrictive measures imposing autonomous sanctions in reaction to a treaty breach: exporting human rights, democracy and the rule of law to third-country partners: EU restrictive measures imposing autonomous sanctions in reaction to violations of customary international law: the case of massive human rights violations: Conclusions: Entering the Buffer Zone between Legality and Illegality: EU Autonomous Sanctions under International Law: Introduction: research question and structure of the chapter: Identifying the buffer zone in the law of sanctions in international law: An introduction to EU restrictive measures (sanctions): Exploring the buffer zone: EU restrictive measures as third-party countermeasures adopted by non-injured entities: Concluding remarks: Sanctions in EU Competition Law: Ensuring Deterrence within the Decentralised Enforcement System of Articles 101 and 102 TFEU: Preliminary remarks: The optimal level of antitrust sanctions: a quest for the soul of competition policy: Sanctioning powers within the context of the “modernized” system of enforcement of Articles 101 and 102 TFEU: The margin of discretion conferred to the Commission (and NCAs): the standard of judicial review in competition cases: Setting sanctions in practice: the 2006 Fining Guidelines: The limited role played by intent and imputability in the antitrust realm: Negotiated remedies vis-à-vis individual sanctions: diverging trends?: Protecting the Environment through Union Sanctions: The Many Facets of the Enforcement of EU Environmental Law: Introduction: The EU environmental policy and rules as crafted at primary law level: converging principles to secure compliance: The multi-faceted scenario of enforcement of EU environmental law: enforcement on Member States and sanctions for non-fulfilment of the obligation to implement EU environmental directives: Interim measures and sanctions to protect the environment: Damages actions by individuals against Member States for breach of EU environmental law?: Enforcement on individuals: Directive 2004/35/EC on environmental liability (and related sanctions under Member States’ national laws): The duty of Member States to enforce effective, proportionate and dissuasive penalties in case of infringement of EU environmental law as a general principle of EU law: detailed sanctions for breaches of the ETS regime and relevant CJEU case-law: Directive 2008/99/EC on the protection of the environment through criminal law: a point of arrival for sanctions in EU sectoral law or rules to be fine-tuned?: Concluding remarks: EU Sanctioning Powers and Data Protection: New Tools for Ensuring the Effectiveness of the GDPR in the Spirit of Cooperative Federalism: Introduction: the enforcement of EU data protection relies on a criminal justice model, a civil justice model, and an enforcement agency model: EU secondary laws on data protection: EU primary law provisions on data protection and the imperative to improve EU data protection: Independent and effective data protection authorities (DPAs) and the GDPR: Responsibilities, tasks and powers of DPAs (Articles 57-58-59 GDPR): European and trans-border tasks and cooperation between DPAs (one stop-shop and EDPB): Remedies: Overview of recent sanctioning practices: Creating supervisory convergence without creating new EU institutions (reflection 1): The administrative enforcement fray and defence rights (reflection 2): The role of criminal law in EU data protection law (reflection 3): Conclusion: boost in administrative enforcement partly on cooperative federalist arrangements with open questions about how how the GDPR will be put into practice
 
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