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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Soft Law and the Enforcement of EU Law

Soft Law and the Enforcement of EU Law

Chapter:
(p.200) 11 Soft Law and the Enforcement of EU Law
Source:
The Enforcement of EU Law and Values
Author(s):

Oana Ştefan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0012

This chapter presents several challenges raised by the process of enforcement of European soft law. It briefly reviews various strategies to determine what enforcement could mean in a soft law context. The chapter looks at a series of examples which demonstrate how soft law is enforced through flexible, but also more coercive means, before concluding that ensuring the enforcement of soft law is done through hybrid methods which only reflect the hybridity of regulation in Europe. The chapter in addition shows how hybridity of regulation is reflected in the hybridity of enforcement mechanisms, with soft law itself becoming an enforcement tool for higher, binding norms, or values. Finally, this chapter reflects on whether, in the coercive enforcement of soft law, fundamental Rule of Law values are still preserved.

Keywords:   soft law, hybridity of regulation, hybridity of enforcement mechanisms, coercive enforcement, Rule of Law, European soft law

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