New Directions in the Effective Enforcement of EU Law and Policy
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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.
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Chapter 10: A case of ‘nested enforcement’: Article 83(2) TFEU, compliance and the Area of Freedom, Security and Justice post-Lisbon

Estella Baker


This chapter explores the new (codified) competence of the EU set out in Article 83(2) TFEU which enables criminal sanctions to be introduced at EU level in order to render its harmonizing policies more effective. The chapter focuses on the role of this new competence in the enforcement of EU law and policy by drawing upon criminology to fashion a theoretical understanding of legal compliance. It proposes that since the exercise of this competence will operate not with a single dose of enforcement, but upon a process that relies upon a series of episodes, involving a range of actors, at multiple governmental levels, it can be understood as entailing a vertical concept of 'nested enforcement'.

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