Law Enforcement by EU Authorities
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Law Enforcement by EU Authorities

Implications for Political and Judicial Accountability

Edited by Miroslava Scholten and Michiel Luchtman

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
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Chapter 7: Fishing in troubled waters? Shared enforcement of the Common Fisheries Policy and accountability gaps

Federica Cacciatore and Mariolina Eliantonio

Abstract

The management of the Common Fisheries Policy (CFP) has been one of the earliest concerns of the EU. While establishing a decentralised system with most responsibilities falling within the competence of Member States’ authorities, the EU also felt the need to create a dedicated agency, the European Fisheries Control Agency (EFCA), endowed with mostly coordinating and some enforcement powers. This chapter seeks to examine the shared enforcement mechanisms between EFCA and the NCAs in the CFP and assess whether they are supported by adequate accountability mechanisms. In order to do so, we examine the relationship between EFCA and two selected MS, Italy and the UK. The chapter shows that there exist two shared enforcement mechanisms, one concerning the formulation and development of the general inspection policies, another referring to the cooperation between EFCA, which has the power to carry out inspections on EU vessels in international waters, and the NCAs, which are in charge of the sanctioning phase. Such mechanisms show some gaps of judicial accountability, which however could be considered as compensated for through a complete system of political accountability.

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