Enforcement in Europe as a Market of Justice

Hans-W. Micklitz and Andrea Wechsler (eds), The Transformation of Enforcement (Hart Publishing, Oxford, 2015, Forthcoming)

20 Pages Posted: 15 Sep 2015

See all articles by Bosko Tripkovic

Bosko Tripkovic

Birmingham Law School, University of Birmingham, UK

Andrea Wechsler

European University Institute - Department of Law (LAW); Max Planck Institute for Innovation and Competition

Date Written: September 11, 2015

Abstract

This chapter analyzes the transformation of legal enforcement in Europe from the perspective of justice. First, it identifies general processes that challenge the traditional conception of enforcement. The argument here is that there are at least three important developments in this respect: new modes of regulation lead to fragmentation and then collectivization of enforcement. Second, the chapter argues that as a consequence of these developments the enforcement in Europe becomes a regulated market for dispute resolution: competition between diverse enforcement mechanisms becomes the guiding norm, and the provision of justice becomes a service. This points to some problems in the design of enforcement in Europe that need to be adequately addressed. The chapter argues that the realization of justice becomes a fundamentally different task in the new environment, and then suggests several ways in which enforcement in Europe could become more responsive to these novel circumstances.

Keywords: enforcement, EU law, European law, European Union, justice

Suggested Citation

Tripkovic, Bosko and Wechsler, Andrea, Enforcement in Europe as a Market of Justice (September 11, 2015). Hans-W. Micklitz and Andrea Wechsler (eds), The Transformation of Enforcement (Hart Publishing, Oxford, 2015, Forthcoming), Available at SSRN: https://ssrn.com/abstract=2659027

Bosko Tripkovic (Contact Author)

Birmingham Law School, University of Birmingham, UK ( email )

United Kingdom

Andrea Wechsler

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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