Towards effective Enforcement of EU Law and Policies: Institutional Innovations
Law enforcement has long been regarded an exclusive competence of the EU Member States. This has changed in the past years, partly because of major international crises and various non-compliance challenges at the national level. Today, nine EU enforcement authorities (EEAs) have received direct enforcement powers to monitor compliance with law, investigate and sanction for noncompliance. These EEAs, including DG Competition, the European Central Bank and a number of EU agencies, work together with national authorities in such sectors as finance, banking, aviation, food, fisheries, financial fraud, competition law and pharmaceuticals. Furthermore, about 20 EU enforcement networks, such as the European Competition Network and Consumer Protection Cooperation Network, have been created to promote enforcement of EU policies by national authorities. A number of additional (ad hoc) institutional configurations exists, too. These include joint supervisory teams, joint investigation teams, transnational executive bodies, and offices, such as the recently created European Public Prosecutor’s Office (EPPO). Most of these institutional innovations have been created in the last 10-15 years without clear policy design or theory behind opting for one or another type of institutional cooperation in specific fields.
What are these institutional forms and what do they imply for effective enforcement of EU laws and policies as well as the system of controls over public power? In which sectors have they been created and why? How does enforcement work between EU and national levels when one or another type has been selected? How can we explain (legal boundaries, functional logic, EU/national politics, economic considerations, etc.) the creation of specific types of institutions in specific sectors? What challenges do specific types bring in terms of controls (accountability and protection of fundamental rights)? What can we learn for future design of enforcement institutions in specific sectors in the EU?
This one-day workshop invites academics and practitioners to discuss these issues at the hand of a number of papers presented by the experts in respective fields. The workshop and discussions will be led by Dr. Federica Cacciatore (Tuscia University and Osservatorio AIR), Prof. Michiel Luchtman and Dr. Miroslava Scholten (members of the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Utrecht University, editors of ‘Law Enforcement by EU Authorities’ (2017, EE).
Date and location
Rome, 13 April 2018
LUMSA University, Aula Teatro | Piazza Adriana, 22
9.30 | Welcome and opening by the Chairs Dr. Federica Cacciatore (Tuscia University/Osservatorio AIR), Prof. Michiel Luchtman and Dr. Miroslava Scholten (Utrecht University/RENFORCE)
09.45 | Opening remarks by Prof. Nicoletta Rangone, (LUMSA University)
10.00 | Key-note address by Antonio Nicita, member of the Italian Communications Authority
10.30 | Enforcement by EU institutions: DG Competition and the ECB
Annalies Outhuijse (University of Groningen) and Dr. Gianni Loschiavo (European Central Bank)
Discussant: Prof. John Vervaele (Utrecht University/RENFORCE)
11.00 | Enforcement by offices: OLAF and EPPO
Prof. John Vervaele (Utrecht University/RENFORCE).
Discussant: Prof. Fabrizio Di Mascio (University of Turin, formerly Italian Anticorruption Agency, Italy)
11.30 | Enforcement by EU agencies
Prof. Martino Maggetti (University of Lausanne)
Discussant: Dr. Miroslava Scholten (Utrecht University/RENFORCE)
12.00 | Group discussion
12.30 | Lunch
14.00 | EU inspections and procedural and judicial guarantees
Dr. Maurizia De Bellis (University of Rome II “Tor Vergata”)
Discussant: Prof. Michiel Luchtman (Utrecht University/RENFORCE)
14.30 | Enforcement by EU networks
Evelijn Martinius (paper written together with Prof. Ellen Mastenbroek (Radboud University, EUROPAL)
Discussant: Prof. Martino Maggetti (University of Lausanne)
15.00 | Coffee break
15.30 | Participation of Italian financial IAs to EBA/ESMA/EIOPA’s enforcement activities
Dr. Federica Cacciatore, Tuscia University/Osservatorio AIR and Dr. Despina Chatzimanoli (European Banking Authority)
Discussant: Florentin Blanc (World Bank)
16.00 – 16.30 | Group discussion and wrap up by the Chairs