EU enforcement authorities : punitive law enforcement in a composite legal order

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 books explores this pertinent question from a constitutional and comparative perspective. It sets out the perimeters for composite enforcement and explores the pertinent 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. Volume 19 in the series Hart Studies in European Criminal Law Acknowledgements Contents List of Contributors Introduction PART I: PUNITIVE ENFORCEMENT IN COMPOSITE PROCEDURES: THE CONSTITUTIONAL SETTING 1. Setting the Scene: The Rise of EU Law Enforcement Authorities I. Introduction II. Punitive Enforcement by EU Authorities: Four Case Studies III. Law Enforcement in a Composite Legal Order IV. Composite Enforcement Procedures V. The Lens of Compositeness: Implications and Research Questions 2. Constitutional Principles and Composite Punitive Enforcement in the EU I. Introduction – A Changing Landscape of Punitive Enforcement in the EU II. Models of Composite Enforcement and Constitutional Principles III. The Principle of Effective Judicial Protection – Competent Court in Composite Enforcement Proceedings IV. Principle of Compliance with EU Fundamental Rights and the Standard of Protection in Composite Punitive Proceedings V. The Principles of Mutual Trust and Mutual Recognition and the Intensity of Judicial Review in Composite Proceedings VI. Conclusions 3. Composite Enforcement and Comprehensive Judicial Protection I. Introduction II. Applicable Human Rights Framework and Court Organisation III. Judicial Remedies at the EU Level IV. Remedies at the National Level V. Comparative Conclusions Annex PART II: MODELS FOR PUNITIVE ENFORCEMENT IN COMPOSITE PROCEDURES 4. The Investigative Stage I. Introduction II. Overview of Tasks and Powers of EU Law Enforcement Authorities III. Cooperation by EU Enforcement Authorities with National Authorities IV. Investigative Measures and Procedural Safeguards V. Judicial Review VI. Conclusion 5. The Exchange of Operational Information between EU and National Authorities I. Introduction II. ELEAs' Tasks and Mandates III. Transfer of Information from ELEAs to National Authorities IV. Transfer of Information from National Authorities to ELEAs V. Synthesis VI. Conclusion 6. The Use of Investigative Results as Evidence in National Punitive Proceedings: The Case of OLAF I. Introduction II. Admissibility of OLAF-Collected Evidence in National Proceedings: The OLAF Regulation III. Rules on Evidence in National Law: An Overview IV. Admissibility of OLAF-Collected Evidence in National Punitive Administrative Proceedings V. Admissibility and Use of OLAF-Collected Evidence in Criminal Proceedings VI. The EPPO-OLAF Relationship and its Implication for the Admissibility of Evidence VII. Conclusion 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 Bisin Idem in a Composite Administrative Punitive Legal Order 8. Information Sharing between the EU Administrative Enforcement Agencies and the Criminal Authorities Sensu Stricto I. Introduction: Mapping the Interaction between Administrative and Criminal Enforcement – Focus on Information Exchange II. The Vertical Dimension of Information Flow: From EU Enforcement Agencies to National Authorities III. Information from National Criminal Authorities to EU Administrative Enforcement Agencies IV. Conclusions: Towards Better Multilevel Enforcement via Strengthening Information Channels 9. Lawful and Fair Use of Criminal Evidence in the EU: The Unwritten Script for European Enforcement Agencies I. Introduction II. Admissibility of (Cross-Border) Criminal Evidence in the EU: Legislative Initiatives III. Rationale of the Admissibility and the Nullity/Exclusion of Evidence IV. Human Rights Case Law on Evidence and its Exclusion in Punitive Proceedings: Common Standards? V. European Enforcement Agencies and the Admissibility or Exclusion of Evidence VI. Concluding Observations PART IV: OUTLOOK AND PERSPECTIVES 10. Pertinent Issues of Punitive Enforcement in a Composite Legal Order I. Introduction II. Effective Composite Enforcement of EU Laws and Policies III. Effective Legal Protection in Composite Enforcement IV. Benchmarks for Enforcement in a Composite Legal Order 11. Outlook on the European Public Prosecutor's Office: A Giant with National Clay Feet? I. Introduction II. The EPPO under Legislative Construction III. EPPO Assessment in the Light of the Comparative Analysis of the EU Enforcement Agencies IV. Conclusions Index 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. EU enforcement agencies are on the rise, entrusted with investigating breaches of EU law. What are the implications for legal practice of their increasing prominence? This books explores this pertinent question from a comparative perspective. Looking at issues of accountability and legitimacy, it sets out the perimeters on the agencies. Moving beyond the constitutional realm, it examines procedural questions such as admissibility of evidence. Given the very real implications of the agencies' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law