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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 overview
EU 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 perspective
EU 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 thoughts
From 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
: Evolution
Article 260(2) TFEU: nihil sub sole novum?
: Article 260(3) TFEU: (some) clarity at last
The nature and purpose of the provision
The scope of the provision
The an and quantum of the sanctions
: Article 279 TFEU: penalty payments as interim measures
The Court’s order of 20 November 2017
Did 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 law
EU 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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