Chapter

The Functional Overlap of Enforcement and Implementation Tools

Stine Andersen

in The Enforcement of EU Law

Published in print November 2012 | ISBN: 9780199645442
Published online January 2013 | e-ISBN: 9780191744686 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199645442.003.0006

Series: Oxford Studies in European Law

The Functional Overlap of Enforcement and Implementation Tools

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This chapter identifies implementation measures that display functional overlap with enforcement. The aim is to discuss their characteristics and compare them to genuine enforcement powers. First, the notion of implementation in the context of EU law is discussed in some detail. Then, selected measures are grouped and examined under the headings preventive measures, safeguard and emergency measures, and conditionality. The closing section discusses a number of issues regarding the application of implementation measures with the aim of securing member state compliance. These include the potential legal constraints on the Commission, such as the proportionality principle, but also political constraints. It is argued that although the Commission is largely at liberty to employ the examined measures with a functional aim of ensuring compliance, any perceived misuse may have ramifications on the Commission's future ability to obtain certain implementation powers.

Keywords: EU law; preventive measures; safeguard and emergency measures; conditionality; member state compliance; European Commission

Chapter.  15838 words. 

Subjects: EU Law

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