EU enforcement authorities are on the rise, entrusted with investigating breaches of EU law by individuals and economic actors. What are the implications for legal practice of their increasing prominence? This book explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the relevant issues such as the interface between criminal and administrative law enforcement, the protection of fundamental rights and legal protection, as well as the admissibility of evidence, including unlawfully obtained evidence. Given the very real implications of the authorities’ investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law.
Introduction
Michiel Luchtman (Utrecht University, the Netherlands), Katalin Ligeti (University of Luxembourg) and John Vervaele (Utrecht University, the Netherlands)
PART I
PUNITIVE ENFORCEMENT IN COMPOSITE PROCEDURES: THE CONSTITUTIONAL SETTING
1. Setting the Scene: The Rise of EU Law Enforcement Authorities
Michiel Luchtman (Utrecht University, the Netherlands)
2. Constitutional Principles and Composite Punitive Enforcement in the EU
Aart de Vries (Utrecht University, the Netherlands) and Rob Widdershoven (Utrecht University, the Netherlands)
3. Composite Enforcement and Comprehensive Judicial Protection
Katalin Ligeti (University of Luxembourg) and Gavin Robinson (Utrecht University, the Netherlands)
PART II
MODELS FOR PUNITIVE ENFORCEMENT IN COMPOSITE PROCEDURES
4. The Investigative Stage
Martin Böse (University of Bonn, Germany ) and Anne Schneider (University of Düsseldorf, Germany)
5. The Exchange of Operational Information between EU and National Authorities
Koen Bovend’Eerdt (Utrecht University, the Netherlands) and Iro Karagianni (Utrecht University, the Netherlands)
6. The Use of Investigative Results as Evidence in National Punitive Proceedings: The Case of OLAF
Fabio Giuffrida (European Commission, Belgium) and Georgia Theodorakakou (European Criminal Law Academic Network, Belgium)
PART III
CAPITA SELECTA: TOPICAL ISSUES OF EU ENFORCEMENT AUTHORITIES AND THEIR RELATIONS WITH THE NATIONAL LEGAL ORDERS
7. Where Engel Fears to Tread? Applicable Law, Choice of Forum and Ne Bis in Idem in a Composite Administrative Punitive Legal Order
Gavin Robinson (Utrecht University, the Netherlands)
8. Information Sharing between the EU Administrative Enforcement Agencies and the Criminal Authorities Sensu Stricto
Silvia Allegrezza (University of Luxembourg), Anna Moraiti (University of Luxembourg), Leonardo Romanò (University of Luxembourg) and Andrea Salemi (Grimaldi Studio Legale, Belgium)
9. Lawful and Fair Use of Criminal Evidence in the EU: The Unwritten Script for European Enforcement Agencies
John Vervaele (Utrecht University, the Netherlands)
PART IV
OUTLOOK AND PERSPECTIVES
10. Pertinent Issues of Punitive Enforcement in a Composite Legal Order
Michiel Luchtman (Utrecht University, the Netherlands)
11. Outlook on the European Public Prosecutor’s Office: A Giant with National Clay Feet?
John Vervaele (Utrecht University, the Netherlands)
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