- Title Pages
- Dedication
- Foreword
- Authors’ Preface
- Abbreviations<sup>1</sup>
- Notes on the Authors
- Chronological Table of Cases of the Court of Justice of the European Union
- Table of Legal Acts
- Table of Legal Acts of the European Union
- Part I Introduction
- 1 The Idea of European Union Administration—Its Nature and Development
- 2 The Aim and Approach of this Book
- 3 Interdisciplinary Foundations of European Administrative Law
- 4 A Typology of Administrative Tasks in the European Union
- Part II The Constitutional Framework of European Union Administrative Law
- 5 Sources of European Union Administrative Law
- 6 Principles Underlying the Relationship Between the European Union and the Member States
- 7 General Principles Framing European Union Administrative Law
- 8 Delegation and the European Union Constitutional Framework
- Part III Structures, Procedures, and Methods
- 9 Organizational Arrangements for European Union Administrative Action
- 10 Budget Implementation and Programme Management
- 11 Administrative Procedures
- 12 Information and Administration
- 13 Rules and Principles Governing the Substance of Administrative Decision-Making
- Part IV Form and Effect of Administrative Acts—abstract-general Measures
- 14 Agenda Setting, Preparatory Acts, Planning, and Framework Measures
- 15 Subordinate Legislation
- 16 Administrative Rules
- 17 Rule-Making by Private Parties
- Part V Form and Effect of Administrative Acts—Single-Case Measures
- 18 Decisions in Individual Cases
- 19 Administrative Agreements
- 20 Factual Conduct by the Administration in Individual Cases
- Part VI Enforcement and Supervision of Administrative Action
- 21 Purposes and Functions of Supervision and Enforcement
- 22 Enforcement
- 23 Administrative Supervision
- 24 Political Supervision
- 25 Judicial Supervision
- Part VII Conclusion
- 26 The Present and Future Condition of European Union Administrative Law
- Appendix European Union and European Community Treaty Provisions—Table of Correspondences<sup>1</sup>
- Index
Enforcement
Enforcement
- Chapter:
- (p.690) 22 Enforcement
- Source:
- Administrative Law and Policy of the European Union
- Author(s):
Herwig C.H. Hofmann
Gerard C. Rowe
Alexander H. TÜrk
- Publisher:
- Oxford University Press
This chapter details the legal framework for measures and methodologies of enforcement. Enforcement is considered essentially as an activity undertaken by the administration. It implies that legal precepts or administrative decisions are carried through to their conclusion, and that behavioural demands imposed on individuals or organizations typically external to the public administration are in fact met. The need for enforcement, seen this way, logically implies that the mere existence of rights and obligations, without measures capable of ensuring that they are realized, would call into question the very purpose of a system under the rule of law. This view reflects, indeed, the often asserted proposition that without sanctions there is, strictly speaking, no system of law. Without needing to subscribe unqualifiedly to that proposition, it is clear that the functionality of a complex and pluralistic system of government based on law, as the EU, would be severely restricted without the capacity for and means of enforcement of rules and decisions.
Keywords: EU administrative law, administrative action, public administration, sanctions
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- Title Pages
- Dedication
- Foreword
- Authors’ Preface
- Abbreviations<sup>1</sup>
- Notes on the Authors
- Chronological Table of Cases of the Court of Justice of the European Union
- Table of Legal Acts
- Table of Legal Acts of the European Union
- Part I Introduction
- 1 The Idea of European Union Administration—Its Nature and Development
- 2 The Aim and Approach of this Book
- 3 Interdisciplinary Foundations of European Administrative Law
- 4 A Typology of Administrative Tasks in the European Union
- Part II The Constitutional Framework of European Union Administrative Law
- 5 Sources of European Union Administrative Law
- 6 Principles Underlying the Relationship Between the European Union and the Member States
- 7 General Principles Framing European Union Administrative Law
- 8 Delegation and the European Union Constitutional Framework
- Part III Structures, Procedures, and Methods
- 9 Organizational Arrangements for European Union Administrative Action
- 10 Budget Implementation and Programme Management
- 11 Administrative Procedures
- 12 Information and Administration
- 13 Rules and Principles Governing the Substance of Administrative Decision-Making
- Part IV Form and Effect of Administrative Acts—abstract-general Measures
- 14 Agenda Setting, Preparatory Acts, Planning, and Framework Measures
- 15 Subordinate Legislation
- 16 Administrative Rules
- 17 Rule-Making by Private Parties
- Part V Form and Effect of Administrative Acts—Single-Case Measures
- 18 Decisions in Individual Cases
- 19 Administrative Agreements
- 20 Factual Conduct by the Administration in Individual Cases
- Part VI Enforcement and Supervision of Administrative Action
- 21 Purposes and Functions of Supervision and Enforcement
- 22 Enforcement
- 23 Administrative Supervision
- 24 Political Supervision
- 25 Judicial Supervision
- Part VII Conclusion
- 26 The Present and Future Condition of European Union Administrative Law
- Appendix European Union and European Community Treaty Provisions—Table of Correspondences<sup>1</sup>
- Index
