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Croatian Yearbook of European Law & Policy, Vol. 3 No. 1, 2007.

Original scientific paper

THE FUNCTIONAL OVERLAP OF ENFORCEMENT AND IMPLEMENTATION TOOLS

Stine Andersen

Full text: english pdf 113 Kb

page 193-227

downloads: 1.026

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Abstract

This article argues that notwithstanding the doctrinal distinction between
enforcement and implementing measures, there are effective points of functional overlap
between enforcement powers and certain types of implementing tools, which are lawful
in that they serve other aims and purposes than enforcement. Since the Commission
employs these measures in conjunction with the general infringement procedure or as an
alternative with the less discernible aim of ensuring compliance, a comprehensive EC
enforcement analysis must take note of them. Potential legal constraints on the
Commission in employing these instruments, such as the proportionality principle, are
among the questions raised. In addition, the article explores how any perceived misuse
may have ramifications for the Commission’s ability to have future implementation
powers established in secondary law.

Keywords

Hrčak ID:

28559

URI

https://hrcak.srce.hr/28559

Publication date:

2.11.2007.

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