Tagarchief: Enforcement

Will Directive 2020/1828 on the EU representative action lead to ‘better’ enforcement, as envisaged by the New Deal for Consumers?

The enforcement of consumer law has traditionally been based primarily on private enforcement, complemented by administrative enforcement. Because of longstanding issues of non-compliance with EU consumer rights, the Commission has introduced an ‘EU representative action’. In this tenth and final post in RENFORCE Blog’s special series on the enforcement of EU law, Esther van Schagen summarises the main features of the new Directive and explains some of the assumptions as to the effect of more enforcement which underlie the Directive and become visible in the impact assessment. Arguably, the Directive has overlooked opportunities that could have contributed to managing key barriers to bringing collective actions – the complexity, length and costs of collective redress – and which ought to be addressed in order to enhance cross-border enforcement.

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Digital forensics standards: Enforcement under the radar of EU plans for electronic evidence

In the ninth post in RENFORCE Blog’s special series on enforcement, Gavin Robinson argues that the extreme volatility of electronic data calls for EU law to promote not only efficient and secure access thereto for criminal investigators, but also robust standards of digital forensics. Currently, it is national laws and criminal justice systems which achieve varying levels of forensic soundness for digital evidence. Drawing on a comparative, multidisciplinary research project and sharing insight from legal practice in Luxembourg, the post advocates a stronger emphasis on the development of common European rules on digital forensics – potentially within dedicated EU legislation on the admissibility of evidence.

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Closing the gender pay gap: time for the Member States and all stakeholders to finally put their money where their mouth is

Statistics clearly show that not a single country in the European Union has managed to establish equal pay for women and men. In this blogpost, the eighth in RENFORCE Blog’s special series on the enforcement of EU law, Linda Senden and Rian Hesdahl argue that a major reason for this lack of progress is a strong reliance on individual-rights-based enforcement, before examining whether the new directive proposed by the European Commission is likely to significantly boost the effective enforcement of the equal pay principle.

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Ecocentric values and enforcement in illegal environmental markets

The EU is an important market for illegal environmental trades – such as timber, wildlife, fish, waste, minerals and metals – which are causing serious harms to the environment worldwide. In this blogpost, the seventh in RENFORCE Blog’s special series on the enforcement of EU law, Daan van Uhm argues that ecocentric values should be embedded in both EU legislation and in EU law enforcement cultures.

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Enforcement of intellectual property rights: pioneering in private enforcement

European law plays a major role in the enforcement of intellectual property rights. The innovative rules and practices developed by the EU in this area provide a wide range of enforcement tools and introduce a European system of enforcement principles. In this post, the sixth in RENFORCE Blog’s special series on the enforcement of EU law, Peter Blok explains that intellectual property law is therefore a rich source for the study and further development of European law enforcement in general and private law enforcement in particular. 

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Towards Better Enforcement of EU Chemicals Rules: The 2020 Commission Strategy and the Registration of Chemicals

EU chemicals policy has been one of the most ambitious and detailed areas of the EU regulatory polity. In part five of RENFORCE Blog’s special series on the enforcement of EU law, Leander Stähler addresses a concrete challenge to enforcing these rules – the registration of chemicals – and highlights the potential of the Commission’s new strategy.

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The case of AstraZeneca’s COVID-19 vaccine and the complex enforcement of EU medicines policy

Based on the member states’ responses to the rare but severe side effects of the AstraZeneca COVID-19 vaccine, one might be tempted to believe that there is no common approach to enforcing European Union (EU) medicines policy. In this post, the fourth in a special RENFORCE Blog series on the enforcement of EU law, Laurens van Kreij takes a more nuanced look at medicines policy’s complexities, and explains why the national responses were able to diverge so strongly. He thinks the chances of rapid and major change are slim.

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Access to justice and EU enforcement agencies in the field of migration: an emerging problem

In this post, part of a special RENFORCE Blog series on the enforcement of EU law, Salvatore Nicolosi acknowledges the potential of EU migration agencies to support Member States in enforcing EU rules, but explains how an enhanced form of EU law enforcement through agencies should not be detrimental to the legal guarantees of migrants.

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The EU Global Human Rights Sanctions Regime: How to Enforce Member States’ Compliance with Travel Bans?

In this second post in RENFORCE Blog’s special series on enforcement, Cedric Ryngaert highlights the Commission’s unsuccessful attempts to expand its limited enforcement powers over travel bans in the context of the recent adoption of the Global Human Rights Sanctions Regime. If centralized EU-level enforcement of travel bans is desirable, how might it be secured: through treaty change, or political pressure?

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For EU law enforcement strategy and theory building!

Calls for EU law enforcement are a common and logical response to address recent challenges – and crises – across multiple policy sectors, but may face constraints of a legal, political and practical nature. According to Miroslava Scholten, these constraints are exactly where we all need to focus in order to ensure the resilience of the EU into the future. Today, on May 9, the Day of Europe, we make a start of a special blog post series by RENFORCE experts to put the need for more and better enforcement of EU law in the spotlight. Check our blog page out in the coming days!

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