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Miroslava Scholten, Michiel Luchtman and Elmar Schmidt

Recently, the powers of the European Union (EU) have evolved from being mainly regulatory to include also direct enforcement competences. Rather than monitoring the enforcement efforts of national authorities (indirect enforcement), direct enforcement by the EU implies that EU enforcement authorities (EEAs) have the power to monitor adherence to legal rules by private actors, as well as to investigate and sanction alleged violations of EU law by those actors. The shift of power from the national to the EU level, especially in such an area as law enforcement, raises concerns about how to ensure democratic control and the rule of law. What challenges in terms of democratic control and the rule of law does this development bring about and how could or should those challenges be addressed? This chapter outlines the research project and sets up an analytical framework for the nine case-studies and cross-cutting issues of accountability and judicial protection.

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Foreword

Implications for Political and Judicial Accountability

Edited by Miroslava Scholten and Michiel Luchtman

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Paula Giliker

This introductory chapter examines the meaning of the term ‘European Union tort law’ and distinguishes it from studies examining the more loosely defined ‘European tort law’. European Union tort law is found in a number of different areas of law ranging from product liability to competition law. It plays an important role in ensuring the effectiveness of EU law and that EU citizens are able to obtain compensation for their losses resulting from breach of EU law. Owing to its diverse and piecemeal nature, its true breadth is often overlooked. Chapter 1 also highlights the cultural tensions underlying the development of EU tort law and the role harmonisation proposals play in this context.

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Edited by Paula Giliker

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Edited by Rafael Leal-Arcas and Jan Wouters

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Edited by Paula Giliker

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Edited by Rafael Leal-Arcas and Jan Wouters

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Edited by Paula Giliker

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Antonios E. Platsas

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Rafael Leal-Arcas and Jan Wouters