Enforcement in Europe as a Market of Justice

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