Enhancing centralized enforcement of EU law: Pandora’s Toolbox?

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Series Title
Series Details Vol.51, No.4, August 2014, p1057-1092
Publication Date August 2014
ISSN 0165-0750
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Publishers Abstract:

State compliance with EU Law is crucial to the very existence of the Union. Traditionally, it has been secured through a combination of strong "private" and of weak "centralized" enforcement. However, this arrangement is no longer perceived to be sufficient. By endowing the Union with new tools vis-à-vis its Member States - penalties, conditionality, and the like - current reforms try to complement symbolic sanctioning with real "consequences". The goal is to reinforce the authority of EU Law.

In this article, we question whether the new toolbox is fit for the purpose, or whether it risks to produce adverse effects which might even go as far as upsetting the Union's constitutional template.

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