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9789041111517

Compliance and Enforcement of European Community Law

by
  • ISBN13:

    9789041111517

  • ISBN10:

    9041111514

  • Format: Paperback
  • Copyright: 1999-07-01
  • Publisher: Kluwer Law Intl
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Summary

This collection of papers reflects the growing interest among European Union law scholars and practitioners in the impact of Community law on the main fields of the Member States' legal orders: constitutional law, administrative law, criminal law and private law. In particular the requirements of an effective compliance with, and enforcement of, Community law have contributed to a Europeanization of those areas of national law. This book brings together case studies from such diverse policy areas as customs law, foodstuffs and waste transport, As well as more general analyses from both a comparative legal and a political science point of view.

Table of Contents

Preface v
The Effectiveness of Community Law
Preconditions for the Effectiveness of EU Law: Reflections on Constitutionalism and EMU
3(24)
Francis Snyder
Implementation, Discretion and Rules
27(8)
Martin Shapiro
General Aspects of the Horizontalization of Law Enforcement in a European Perspective
35(16)
Roel de Lange
General Aspects of Europeanization and Horizontalization of Enforcement
51(20)
Kamiel Mortelmans
Structures of Transnational Governance and Their Legitimacy
71(24)
Christian Joerges
Ellen Vos
European Harmonization of National Regulatory Styles?
95(30)
Frans van Waarden
Legal System, Theory and Legal Methods of Research into the Enforcement and Effectiveness of Community Law
125(22)
Albertine Veldman
Community Law Enforced by National Civil, Administrative and Criminal Law
The Shifting Boundaries of Public and Private Enforcement: Case Studies Fisheries, Foodstuffs and Agriculture
Shifting Boundaries between Public and Private Law Enforcement: General Introduction
147(4)
Astrid Berg
Shifting Boundaries between Public and Private Law Enforcement: the Case of Fisheries Self-enforcement
151(20)
Astrid Berg
The Shifting Boundaries of Public and Private Enforcement: Case Study on Foodstuffs
171(22)
Marieke Lugt
A Foundation for Private Enforcement
193(18)
Hugo van Steijn
Private Law Enforcement under Dutch Law or: The Conflict of Public Law and Private Law Enforcement Rules
211(14)
Anneloes van der Zijde
Concluding Observations
225(6)
Astrid Berg
Marieke Lugt
Hugo van Steijn
Comments and Observations
231(4)
Gerhard Dannecker
Enforcement of EC Regulations by Private Organizations: a Public Law Wolf in Private Law Sheep's Clothing?
235(12)
Rob Widdershoven
The Shifting Boundaries of European and National Enforcement: Case Studies Customs, Waste Transport and Structural Funds
The Shifting Boundaries of European and National Enforcement: Three Case Studies
247(6)
Aster Veldkamp
The Shifting Boundaries of European and National Enforcement: a Case Study of Customs Law
253(32)
Nicolien Dirkzwager
The Shifting Boundaries of European and National Enforcement: a Case-study of the Law Concerning Waste Shipments
285(16)
Aster Veldkamp
New Priorities in the Enforcement of the Financial Interests of the Community
301(18)
Diana Comijs
Joint Conclusions of the Workshop on the Shifting Boundaries in the Enforcement of Waste Law, Structural Funds and Customs Law
319(2)
Diana Comijs
Nicolien Dirkzwager
Aster Veldkamp
The Shifting Boundaries of European and National Enforcement; Some Comments on the National Dimension
321(14)
Bert Swart
Basic Trends: Ius Commune, Remedies and Enforcement
Civil Liability of the State: European Remedies and Enforcement
European Standards for Civil Liability of the State
335(14)
Walter van Gerven
Enforcement of Community Law: Administrative and Criminal Sanctions in a European Setting
349(12)
Manfred Zuleeg
Horizontalization of Enforcement
Transnational Cooperation of Enforcement Authorities in the Community Area
361(30)
John Vervaele
Cross-border Private Enforcement of Community Law
391(28)
G. Betlem
Table of Cases of the Court of Justice and of the Court of First Instance of the European Communities 419(6)
About the Authors 425

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