Enforcement of EU Law

Course goals

After this course:

• the student has in-depth knowledge and understanding of punitive enforcement of EU law at the EU level as well as the national level, in particular the obligations of both supranational European authorities and Member States in that respect, the harmonisation process in general and more in-depth in selected areas such as protection of financial interests of the EU and money laundering as well as judicial protection in these areas;
• the student has in-depth knowledge and understanding of the relationship of these bodies with each other, the role of the both the CJEU and national courts as well as the interaction between international, European and national law in these areas;
• the student has insight into the developments regarding the broader context of direct and indirect enforcement, its function within the construction of EU law and its function in the socio-economic context;
• the student can communicate in writing as well as orally the knowledge, ideas, solutions and conclusions as well as the arguments, motives and considerations on which these are based, in an understandable, structured, correct and convincing manner in English to an audience of specialists and non-specialists, including third-year bachelor law students, by engaging in preparing and presenting a knowledge clip based on independent research and by answering questions about the acquired knowledge on the spot;
• by examining the relationship between direct enforcement and indirect enforcement, also in connection with the particularities of criminal law enforcement and administrative law enforcement, the student learns to take a substantiated position, both by participating in class discussions and by taking the final written exam, in the ongoing public discussion regarding the problems of enforcement of EU law and becomes aware of the functioning and limits of law enforcement and of multidimensional and (inter) national aspects that play a role in the formation and design of enforcement of EU law;
• the student can reflect on his/her own professional functioning by setting personal goals with regard to teamwork and evaluate what everyone’s role was in the teamwork and whether everyone contributed in a good manner to the end result as a group.

Content

As EU law is mainly enforced trough national legal systems, the influence of EU law on national enforcement systems is increasing. There is a constant struggle to integrate European interests and policies into national enforcement systems. Due to the need for enforcement of EU law, the EU pushes on setting standards for enforcement. Those standards relate to the norms, the sanctions, the choice for criminal and/or administrative law enforcement, the proceedings, the competences and powers of European and national authorities, the cooperation between European and national authorities and the protection of fundamental rights. Some standards apply to the EU level, other standards apply to the national level.

Two types of enforcement regimes can be identified: direct enforcement and indirect enforcement. When European authorities are responsible for the enforcement of EU norms and the application of sanctions defined by the EU legislator vis-à-vis natural or legal persons, we talk about direct enforcement of EU law. Indirect enforcement of EU law is about the enforcement of national legislation which implements EU norms and standards by national administrative and criminal law enforcement systems.
There is a constant process of interaction between EU and Member States in relation to direct and indirect enforcement of EU laws and policies, posing interesting challenges. These challenges will be addressed in the course Enforcement of EU law.
 
This course will be divided in three parts. Firstly, the overall explanation will be given on the need for enforcement of EU law and the concepts of direct enforcement and indirect enforcement of EU law. The role, responsibilities and competences of supranational European authorities as well as law enforcement authorities of the Member States will be discussed.

The second part of the course will demonstrate issues of direct and indirect enforcement of EU law by focusing on two policy areas of the EU, such as the protection of the EU financial interests (PIF) and anti-money laundering (AML). The course will focus on those areas in which the interaction between EU law and national law in relation to law enforcement is present both at the substantive level and at the level of the division of labor European and national law enforcement authorities. In relation to direct enforcement of EU law the role, responsibilities and competences of the European Anti-Fraud Office OLAF and the European Public Prosecutor’s Office (EPPO) will be discussed. A topic such as AML will also give the opportunity to analyse the role of private actors in law enforcement.

The third part of the course will be dedicated to (the right to) effective judicial protection. The question how fundamental rights can be safeguarded in direct and indirect enforcement regimes will be addressed. The role and meaning of the Charter of Fundamental Rights will be demonstrated, in particular in composite proceedings.

Place of this course within the curriculum:

• Compulsory course in master European Criminal Justice