A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement
of EU law.
Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning
repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional
overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.
Publisher: Oxford University Press
Number of pages: 272
Weight: 558 g
Dimensions: 240 x 162 x 25 mm
It is only a minority of commentators that have delved into this rather daunting area of EU law and made some meaningful points about the Commission's set of enforcement tools. Andersen falls into this category of legal scholars, providing a comprehensive analysis of the Commission's enforcement powers under the general infringement procedure and other supplementary means. In the monograph under review, she provides a detailed overview of the supervision, monitoring
and measures to ensure Member States' compliance in EU law... a very accomplished book in a well-travelled area, but one which not many dare to revisit, * Theodore Konstadinides, European Law Review *
The book is very well written and based on a solid legal analysis as well as a deep knowledge of Commission practice. It goes far beyond a mere updated explanation of the functioning of the infringement procedure. It is highly recommended not only to scholars and lawyers, but also - especially in its first part - to those who need a first approach to the Commission's modern role as the "guardian of the Treaties". * Roberto Mastroianni, Common Market Law Review *
[The book] develop[s] a subtle and complex approach to the processes analysed. * Michael Maira, Journal of European Social Policy *