The European arrest warrant, now in force for nearly two decades has continued to show success in the objective supporting judicial cooperation without hindering free movement within the Union. Its successes indicate what may be expected to manifest as a safer Union and safer Member States. However as with any legal instrument, particularly one implemented across 27 individual nations, its use is not without difficulties. In the spirit of the European Law Enforcement blog, this post will highlight a few of the enforcement measures, stemming from various approaches, being invoked to ensure the proper enforcement of this enforcement mechanism.
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Recommendations for ensuring controls for shared enforcement in the EU
Shared direct enforcement of EU laws is a relatively new phenomenon in the EU. If the default rule of enforcing EU laws at the national level faces challenges, it is logical to enhance the regulation of national enforcement and/or the exercise of enforcement stages at the same level where EU rules are established (functional policy cycle over spillover). Hence, we witness a proliferation of EU enforcement authorities (EEAs) which can enforce EU laws directly vis-à-vis private actors themselves or together with national competent authorities. This development prompts to address the question of control over actions and decisions resulting from this EU shared direct enforcement. This blog post argues that the EU shared enforcement necessitates aligning of the systems of controls (EU-national, national-national) and creating ‘joint controllers’. It uses the logic of the ‘Meroni+’ (non-) delegation doctrine to support its argument. It concludes with three recommendations for assessing and (re)designing controls for EU shared enforcement.
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