The Diversity of the EU Approach to Law Enforcement — Towards a Coherent Model Inspired by a Law and Economics Approach

German Law Journal, 2017, Vol. 18(4), 823-879

58 Pages Posted: 16 May 2019

See all articles by Michael G. Faure

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Franziska Weber

Erasmus University Rotterdam School of Law, Rotterdam Institute of Law and Economics

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Date Written: June 1, 2017

Abstract

Traditionally in the division of labor between the European level and the Member States it was, roughly, the European legislature that set the norms and the Member States that took care of enforcing these norms. In various policy areas, an implementation deficit has been observed, which is said to be partly due to the Member States facing difficulties with the choice of procedural options. For that reason, among others, the European legislature increasingly prescribes the enforcement approach to the Member States to back up national legislation that implements European law. This Article examines the incoherence of the EU’s approach to law enforcement in the areas of consumer, competition, environmental, and insider trading laws. After setting out the EU’s legal competences with a view to law enforcement, the rather diverse picture — mixes — of private, administrative, and criminal law enforcement in the four areas will be illustrated. The authors then ask the question of whether this divergence can be explained by an economic reasoning with respect to law enforcement. The analysis, however, identifies substantial differences between an ideal enforcement mix and the current enforcement approaches used in EU law. Moreover, it is suggested that the economic approach could be employed to provide more consistency to the use of enforcement tools in EU law.

Keywords: Law Enforcement, EU Competences, Private Enforcement, Administrative Enforcement, Criminal Law, Consumer Protection, Insider Trading, Environmental Enforcement, Competition Law

JEL Classification: K13, K14, K21, K22, K42

Suggested Citation

Faure, Michael G. and Weber, Franziska, The Diversity of the EU Approach to Law Enforcement — Towards a Coherent Model Inspired by a Law and Economics Approach (June 1, 2017). German Law Journal, 2017, Vol. 18(4), 823-879, Available at SSRN: https://ssrn.com/abstract=3372955

Michael G. Faure (Contact Author)

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Franziska Weber

Erasmus University Rotterdam School of Law, Rotterdam Institute of Law and Economics ( email )

Campus Woudestein Burgemeester Oudlaan 50
Rotterdam, 3062 PA
Netherlands

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