THE FUNCTIONAL OVERLAP OF ENFORCEMENT AND IMPLEMENTATION TOOLSReport as inadecuate




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Croatian yearbook of European law & policy, Vol.3. No.3. November 2007. -

Summary: 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.



Author: Stine Andersen -

Source: http://hrcak.srce.hr/



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