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Abstract:
Number 20 in the European Monographs Series, this collection of papers reflects a growing interest among European Union law scholars and practitioners in the impact of Community law on the main fields of the Member States' legal orders - constitutional and administrative law, criminal and private law.
The first part of the book deals with the general framework of the effectiveness of Community law, including contributions on legal and institutional aspects, Europeanization and horizontalization of enforcement, transnational governance and legal theory. The second part deals with the enforcement of Community law by the use of national civil, administrative and criminal law in the regulatory policy areas. The research contributions are concentrated around two main themes. The first concerns 'the shifting boundaries of public and private enforcement'. Within this framework, case studies are presented on fisheries, foodstuffs, and agriculture as well as a contribution on the use of private enforcement instruments by public enforcement authorities. The second deals with 'the shifting boundaries of European and national enforcement'. Here, case studies on customs, waste transport and structural funds are presented. The presentations on both these themes are followed by comments from national and international experts.
The third part of the book considers 'basic trends: ius commune, remedies and enforcement'. Two main questions have been selected: can we, and to what extent can we, speak about the Europeanization of enforcement by civil, administrative and criminal law?; and can we, and to what extent can we, speak about the horizontalization of enforcement? Both questions are tackled in the contributions by leading experts in the field of private and public law, dealing with civil liability, administrative and criminal sanctions, cooperation between enforcement authorities and cross-border private enforcement.
The book aims to contribute to a growing interest in the subject and to act as an impetus for new research projects on the enforcement of regulatory policies and on the development of a ius commune in the Community area.
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