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Melanie Smith

The infringement process contained in Article 258 TFEU is the traditional centralized mechanism of enforcement of EU law. It requires the Commission, as guardian of the treaties, to monitor the performance of Member States in relation to the implementation and application of EU norms. When performing this task, the Commission enjoys a wide discretion afforded to it by the Court of Justice. So far, so familiar to most legal scholars. However, this traditional picture of the centralized enforcement mechanism is far from complete. Centralized enforcement is a layered and mostly opaque process. There is the formal (familiar) legal process set out in the treaties and, in its shadow, the informal administrative process where most of the enforcement work is actually carried out. The various layers within layers of enforcement behaviour make it particularly challenging to judge the effectiveness of this regime, since what occurs in these hidden layers of enforcement is largely unknown and thus little researched. This chapter presents a model of centralized enforcement which captures these different layers and, in unearthing the various enforcement behaviours, explores to what extent there has been genuine innovation in the context of centralized enforcement or whether and to what extent such innovations have merely followed the evolution of regulatory theory, representing an exercise in (re)discovery and rebranding.

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Melanie Smith

The methods and efficacy of obtaining compliance with environmental law have been widely researched in both law and political science, with varying conclusions as to the effectiveness of different enforcement tools, especially the use of the infringement procedure in Article 258 TFEU. This chapter seeks to review the Commission’s use of the infringement procedure and financial sanction over the last 20 years. It analyses what role the infringement mechanism has played in environmental compliance and whether its use has changed in light of the Commission’s better regulation agenda, which seeks to move away from the infringement procedure as the dominant tool of enforcement across EU law. This chapter examines the data on Article 258 and Article 260 TFEU between 1998–2017. It shows that the Commission has historically invested huge resources in environmental enforcement through the infringement process. I argue that despite better regulation, and the increasing prominence of other compliance tools in combatting environmental infractions, the infringement procedure remains a significant feature of the Commission’s enforcement strategy as a signalling device: it steers, not rows.

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Melanie Kay Smith

Culture is one of the most important content providers for tourism experiences, yet it is complex and can be difficult to define. Cultural tourism has existed for centuries, with its origins going as far back as Roman times. However, the modern phenomenon of cultural tourism was identified as a niche form of tourism in the early 1990s, which was mainly focused on heritage and arts. It was seen as a somewhat elite form of tourism that attracted small groups of well-educated and relatively affluent people. However, it seems to have grown to the point that it could be defined in some contexts as a ‘mass’ form of tourism. The United Nations World Tourism Organization suggested that cultural tourism accounts for around 39% of all international tourist arrivals and is still increasing and that 89% of national tourism administrations include cultural tourism in their policies.
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Melanie Kay Smith

Spiritual tourism can be defined as a form of tourism that can be religious or non-religious, but it is usually not confined to one religion. Religious and spiritual tourism can be differentiated. Religious tourism is defined as travelling for spiritual purposes usually carried out according to the interpretation of sanctioned religious leaders and institutions and to institutionally sanctioned destinations. Spiritual tourism is characterized as a more subjective and individual travel for spiritual betterment and self-discovery. Spirituality can be closely connected to health and well-being, especially within the tourism industry. It is suggested that spiritual tourists tend to engage in a variety of practices or behaviours that are self-consciously seen as contributory to meaning and identity, and/or beneficial for the individual’s health and wellbeing. In terms of locations and settings, spiritual tourism tends to take place in retreats, ashrams, monasteries or temples, sometimes led by well-known gurus or celebrity yoga teachers. It usually takes place in natural landscapes so that tourists can also (re)connect with nature.
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Melanie Kay Smith

The term wellness has become increasingly popular in common parlance in recent years and is used far more often to promote services within the leisure, hospitality and tourism industries than the much older and broader concept of well-being. Wellness is considered to be more subjective and individual than well-being and is sometimes described as a path to well-being. Within leisure, tourism and hospitality, wellness has been adopted perhaps because it is a more appealing label for promoting facilities and services to consumers than well-being. The most recent globally accepted definition of wellness tourism is from a World Tourism Organization report from 2018: ‘Forms of tourism which aim to improve and balance all of the main domains of human life including physical, mental, emotional, occupational, intellectual and spiritual. The primary motivation for wellness tourists is to engage in preventative, proactive, lifestyle-enhancing activities such as fitness, healthy eating, relaxation, pampering and healing treatments’.
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Edited by Sara Drake and Melanie Smith

This content is available to you

Edited by Sara Drake and Melanie Smith

This content is available to you

Edited by Sara Drake and Melanie Smith

This content is available to you

Melanie Smith and Sara Drake