NCJ Number
189818
Journal
Justitiele verkenningen Volume: 27 Issue: 2 Dated: 2001 Pages: 68-80
Date Published
2001
Length
14 pages
Annotation
This article discusses the influence of the European Union (EU) on national law enforcement by way of administrative law, with emphasis on the extent to which the EU has affected this type of law enforcement in the Netherlands and the future challenges the EU poses to this type of law enforcement in the future.
Abstract
The analysis notes that the influence of the EU has resulted in a kind of administrative law enforcement that can be qualified as more deterrent. Dutch administrative law introduced more severe and even punitive sanctions due to the influence of the EU. Also, EU law has restricted the possibilities of forbearance by national authorities. A growing interference of the EU is evident regarding the supervision of enforcement as well. Initially only European inspectors in competition law had operational supervisory powers toward market participants in the member countries; now inspectors of Olaf have also obtained such powers. Their national counterparts will have to give the necessary assistance. This development raises some questions for the Netherlands, including whether the national civil servants are sufficiently equipped to give effective assistance and whether the Olaf-investigations contain sufficient guarantees. A national regulation that further elaborates the Olaf-investigation could answer both questions. Finally, instruments for the transnational implementation of administrative sanctions are insufficient and need further development. Footnotes and 9 references (Publisher summary modified)