Table of Contents

New Directions in the Effective Enforcement of EU Law and Policy

New Directions in the Effective Enforcement of EU Law and Policy

Edited by Sara Drake and Melanie Smith

The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU legal and regulatory scholars and political scientists to explore the wealth of new legal and regulatory practices, strategies and actors that are emerging to complement the classic avenues of central and decentralized enforcement.

Conclusions: assembling the jigsaw of effective enforcement – multiple strategies, multiple gaps?

Melanie Smith and Sara Drake

Subjects: law - academic, constitutional and administrative law, european law, politics and public policy, european politics and policy, public policy

Extract

The contributions to this edited collection tackle discreet areas of law and policy, although it is clear that such enforcement mechanisms, strategies and techniques do not operate in isolation but rather make up a complex web of enforcement activities that have evolved from, and in order to complement, the original dual track system. The non-linear, organic development of the various enforcement regimes have not followed an enforcement master plan, and the ad hoc design leaves enforcement regimes vulnerable to claims of conflict, failure, overlap and ineffectiveness. The Commission and, to some extent, the Court of Justice sit at the centre of this complicated jigsaw puzzle, but these are not the only actors of importance when it comes to delivering EU law and policies on the ground. Whilst most enforcement studies focus largely either on the Commission and its litigation role under Article 258 TFEU, or on the Member States’ role qua Member States’ transposition of EU law, it is clear that both these approaches offer only very limited insights into any understanding of the effective enforcement of EU law and policy.

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