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Enforcement Enforcement

Enforcement - PowerPoint Presentation

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Enforcement - PPT Presentation

in Europe from a national to a panEuropean Model HansW Micklitz 21 4 2015 HansW Micklitz 1 C larifications European consumer law horizontal and vertical regulated markets The actors of enforcement individuals collective entities courts and agencies ID: 317777

micklitz hans law enforcement hans micklitz enforcement law turn national courts public infringements european social odr level private minor collective adr individuals

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Slide1

Enforcement in Europe: from a national to a pan-European Model

Hans-W. Micklitz21-4-2015

Hans-W. Micklitz

1Slide2

Clarifications

European consumer law, horizontal and vertical (regulated markets)The actors of enforcement: individuals, collective entities, courts and agenciesThe multi-level dimension: regional, national, European, international

Hans-W. Micklitz

2Slide3

Transformations from national to pan-European

InfringementsInstitutionsRemedies

Hans-W. Micklitz

3Slide4

Infringements

The distinction between major and minor infringementsIndicators: spread, depth, economic, social and political relevance,Examples: competition law, environmental law, now the banking unionMajor infringements for the EU level, minor for the national level

Hans-W. Micklitz

4Slide5

institutionsIndividuals turn into agents for the collectivity

Collectivities turn into enforcement institutions (Consumer organisations and self-regulatory bodies)ADR/ODR turn into substitutes for courts

Courts turn agenciesAgencies turn into courts

Hans-W. Micklitz

5Slide6

Remedies

From individual to collectiveFrom judicial to administrativeFrom hard to softFrom enforcement to complianceFrom judicial protection to managing execution

From public decision making to confidential monitoring

Hans-W. Micklitz

6Slide7

ConsequencesMinor infringements: compliance through self-control – individually ADR/ODR – collectively - administrative management, if any – national level

Major infringements: enforcement – courts as last resort control – individuals as agents – collective enforcement via courts/agencies as managers

Hans-W. Micklitz

7Slide8

Effects on the Legal System

Trends towards centralisationMarginalisation and provincialisation

of the lower levelsRise of the executive in conjunction with self regulatory bodies

D

ecline of the role and function of courts

Loss of publicly available knowledge

Reduction of the accountability

Hans-W. Micklitz

8Slide9

Effects on the Law

Decline of the law – informal administrative decisions, ADR/ODR, arbitration subject to legal scrutiny in extreme cases onlyLaw as politics – the vanishing law is substituted by politicsFairness instead of justice – informal solutions favour compromises (a bird in the hand is

worth two in the bush)

Hans-W. Micklitz

9Slide10

Counterstrategies

There is no way back to the good old times (provided they were good)Key question: How to manage the grand bifurcation?Social/public responsibility of private actorsSocial/private responsibility of public actors

Greater social space for responsible actions

Hans-W. Micklitz

10Slide11

Plea for integrated Enforcement

Involving and interlinking private and public, individual and collective actorsAcross various levels of enforcementThe means: networking between the institutionsInformation exchange and

co-ordinated actionA promising example: the Apple case

Hans-W. Micklitz

11