Is Administrative Law Still Relevant? How the Battle of Sanctions Shaped EU Criminal Law

draft of a chapter to appear as finalized version in M Bergstrom, V Mitsilegas, and T Konstadinides (eds), Research Handbook on EU Criminal Law (Edward Elgar 2015).

24 Pages Posted: 18 Nov 2014 Last revised: 20 Dec 2014

Date Written: February 1, 2014

Abstract

The idea of this chapter is to investigate the extent to which the EU legislator still invokes administrative sanctions to deal with irregularities in the market and explain why the history of administrative sanctions has shaped modern EU criminal law. Administrative sanctions have always formed a crucial part of the EU’s enforcement strategy, particularly with regard to competition fines as well as sanctions in the domain of agriculture and fisheries policies in the EU. Yet with the entry into force of the Lisbon Treaty, and thereby the granted legislative competences in criminal matters, one would perhaps have thought that there was no need for administrative sanctions in the EU anymore. The distinction administrative law versus criminal law used to be the main point of departure for the debate on sanctions back in the old days when the pillars of the EU still determined the realm of competence of the EU’s involvement in criminal law proper.

Suggested Citation

Herlin-Karnell, Ester, Is Administrative Law Still Relevant? How the Battle of Sanctions Shaped EU Criminal Law (February 1, 2014). draft of a chapter to appear as finalized version in M Bergstrom, V Mitsilegas, and T Konstadinides (eds), Research Handbook on EU Criminal Law (Edward Elgar 2015).. Available at SSRN: https://ssrn.com/abstract=2524822 or http://dx.doi.org/10.2139/ssrn.2524822

Ester Herlin-Karnell (Contact Author)

Uppsala University ( email )

Box 513
Uppsala, 751 20
Sweden

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