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The Administrative Supervision and Enforcement of EC Law: Powers, Procedures and Limits

Autor Alberto Ibáñez
en Limba Engleză Hardback – 31 aug 1999
The impact, and indeed 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, and when the Commission and national administrations are treated differently, and if that difference is justified. 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 coordination, 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 author analyses the reasons lying behind the creation of those procedures, and the interaction between them, and focuses on the importance of Article 169.The book 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. 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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Specificații

ISBN-13: 9781841130569
ISBN-10: 1841130567
Pagini: 404
Dimensiuni: 156 x 234 x 31 mm
Greutate: 0.68 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book compares the role of the Commission and national administrations in supervising and enforcing EC law. Analysis of legislation and case-law is supplemented by political literature, questionnaires and interviews with officials.

Notă biografică

Alberto Gil Ibanez is Director of INAP in Madrid, Spain.

Cuprins

PART I. PRELIMINARY CLARIFICATIONS: WORDS, CONCEPTS AND CONTENTS1.SUPERVISION, ENFORCEMENT, ADMINISTRATION AND EC LAW2.COMPETENCES, POWERS AND PROCEDURESPART II. PROCEDURES FOR SUPERVISING AND ENFORCING EC LAW3.OBTAINING INFORMATION: COMMUNITY VERSUS NATIONAL INSPECTORS4.PURSUING INFRINGEMENTS IN EC LAW5. LIMITS ON THE USE OF ADMINISTRATIVE PROCEDURESPART III. SELECTED ASPECTS OF THE ADMINISTRATIVE SUPERVISION AND ENFORCEMENT OF EC LAW6. TIME CONSTRAINTS7. THE PROBLEM OF DISCRETION8. THE PROBLEM OF CO-ORDINATION9. SOME GENERAL CONCLUSIONS AND PROPOSALS FOR IMPROVING THE SUPERVISION AND ENFORCEMENT OF EC LAW

Recenzii

The administrative supervision and enforcement of EC law is a challenging and scholarly work which will be of considerable interest to those working in the enforcement field. an original and valuable contribution to the existing literature.
It provides a detailed picture of the current mechanism of enforcement, but it also draws the attention of the reader to their weaknesses......a well-researched and valuable book. The author should be congratulated for tackling a topic of such inherent complexity, for articulating it, and for offering a set of stimulating suggestions on improvement. He also manages to convey a message of enthusiasm for a reform that is long overdue.

Descriere

This book compares the role of the Commission and national administrations in supervising and enforcing EC law.