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The Enforcement of EU LawThe Role of the European Commission$
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Stine Andersen

Print publication date: 2012

Print ISBN-13: 9780199645442

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199645442.001.0001

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The Emergence of Non-binding, Auxiliary Enforcement Procedures: Expert Management of Compliance with Directives

The Emergence of Non-binding, Auxiliary Enforcement Procedures: Expert Management of Compliance with Directives

Chapter:
(p.202) 6 The Emergence of Non-binding, Auxiliary Enforcement Procedures: Expert Management of Compliance with Directives
Source:
The Enforcement of EU Law
Author(s):

Stine Andersen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199645442.003.0007

This chapter discusses the Commission's practice of establishing groups composed of member state experts on implementation. The groups are established on an ad hoc basis and their aim is to identify and clarify issues of interpretation of directives. The chapter is organized as follows: The first section discusses some of the limitations of the general EU infringement procedure and the merits of peer-review from an enforcement viewpoint. Against this background, it looks at implementation expert groups and more specifically at the expert group dealing with the Free Movement Directive. It proceeds to problematize the Commission's turn towards management of compliance through implementation expert groups, arguing that the method may obfuscate the fact that enforcement is also about contested norms. The final section examines Article 70 of the Treaty on the Functioning of the European Union. This provision was introduced by the Lisbon Treaty and provides express legal basis for peer-review. Albeit not concerned with directives specifically, the provision addresses some of the general issues discussed in the chapter concerning peer-review.

Keywords:   European Commission, member states, implementation, infringement procedures, peer-review, expert groups, Free Movement Directive, TFEU

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