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The European Commission's Toleration of Noncompliance with EU Law

- A Guardian with Two Faces
Af: Yaning Zhang Engelsk Hardback

The European Commission's Toleration of Noncompliance with EU Law

- A Guardian with Two Faces
Af: Yaning Zhang Engelsk Hardback
Tjek vores konkurrenters priser
EU law is widely recognized as the backbone of European integration. As ''the Guardian of the Treaties'', the European Commission is expected to enforce EU law relentlessly and meticulously. Noncompliance by Member States, however, is not always prosecuted by the supranational guardian; instead, supranational enforcement by the Commission is known to be selective and strategic. In this book, Yaning Zhang argues that such forbearance is driven by divergent enforcement rationales. He assumes that the Commission, when enforcing EU law, is a hybrid institution of a political agent and a judicial trustee. The enforcement incentives of the Commission are to advance its legislative and political agenda and to safeguard the stability of the EU legal order, respectively. When these two incentives interact, it leads to four ideal types of toleration of noncompliance with EU Law by the Commission. Guided by the proposed typology, the book traces four cases of enforcement leniency concerning restrictive measures against pharmaceutical parallel trade, opaque defence procurement, degrading practices towards irregular migrants, and discriminatory regulation over car tolls. These cases demonstrate that the Commission''s strategic enforcement is not driven by a singular or merely egocentric logic but by different configurations of divergent enforcement incentives. Naturally, the normative quality of individual types of forbearance is also rather diverse. With its novel typology and in-depth empirical evidence, The European Commission''s Toleration of Noncompliance with EU Law offers a new way of understanding the complex interplay between law and politics in the EU.
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EU law is widely recognized as the backbone of European integration. As ''the Guardian of the Treaties'', the European Commission is expected to enforce EU law relentlessly and meticulously. Noncompliance by Member States, however, is not always prosecuted by the supranational guardian; instead, supranational enforcement by the Commission is known to be selective and strategic. In this book, Yaning Zhang argues that such forbearance is driven by divergent enforcement rationales. He assumes that the Commission, when enforcing EU law, is a hybrid institution of a political agent and a judicial trustee. The enforcement incentives of the Commission are to advance its legislative and political agenda and to safeguard the stability of the EU legal order, respectively. When these two incentives interact, it leads to four ideal types of toleration of noncompliance with EU Law by the Commission. Guided by the proposed typology, the book traces four cases of enforcement leniency concerning restrictive measures against pharmaceutical parallel trade, opaque defence procurement, degrading practices towards irregular migrants, and discriminatory regulation over car tolls. These cases demonstrate that the Commission''s strategic enforcement is not driven by a singular or merely egocentric logic but by different configurations of divergent enforcement incentives. Naturally, the normative quality of individual types of forbearance is also rather diverse. With its novel typology and in-depth empirical evidence, The European Commission''s Toleration of Noncompliance with EU Law offers a new way of understanding the complex interplay between law and politics in the EU.
Produktdetaljer
Sprog: Engelsk
Sider: 272
ISBN-13: 9780198921080
Indbinding: Hardback
Udgave:
ISBN-10: 019892108X
Udg. Dato: 19 mar 2025
Længde: 24mm
Bredde: 164mm
Højde: 242mm
Forlag: Oxford University Press
Oplagsdato: 19 mar 2025
Forfatter(e): Yaning Zhang
Forfatter(e) Yaning Zhang


Kategori Internationale institutioner


ISBN-13 9780198921080


Sprog Engelsk


Indbinding Hardback


Sider 272


Udgave


Længde 24mm


Bredde 164mm


Højde 242mm


Udg. Dato 19 mar 2025


Oplagsdato 19 mar 2025


Forlag Oxford University Press

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