The administrative supervision and enforcement of EC law. Powers, procedures and limits

Author (Person)
Publisher
Publication Date 1999
ISBN 1-84113-056-7
Content Type

The administrative supervision and enforcement of EC law:

The impact, and probably the long-term survival, of the European Community, depends to a great extent on the effective practical implementation of Community law. This book compares the role of the Commission and national administrations in supervising and enforcing EC law, paying attention to what powers have been granted and what constraints exist.

The main object of the book is to analyse the main tools for supervision, such as inspections, and the main infringement procedures. Issues such as deadlines to act, discretion, the capacity of administrations to cope with their responsibilities in this area, and the problem of administrative co-ordination, are examined. The author also offers an overview of the system of EC administrative law procedures, which have evolved to prosecute infringements committed by member states. The reasons lying behind the creation of those procedures are analysed, focusing on the importance of Article 169, which lays out two sets of deadlines: first the deadlines imposed on member states to respond to the Commission's action, and second, the deadlines applicable to the Commission itself.

The author relies primarily on an analysis of legislation, case-law, and the most relevant legal rules, but also draws on the literature in political science and public management, which is included in a comprehensive bibliography. This analysis is supplemented by the results of questionnaires and interviews with both national and Commission officials comparing their different views.

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