Private Model of Enforcement in European Union Law
Author(s) -
Çağdaş Evrim ERGUN
Publication year - 2005
Publication title -
ankara law review
Language(s) - English
Resource type - Journals
ISSN - 1305-0575
DOI - 10.1501/lawrev_0000000016
Subject(s) - european union , enforcement , law , business , european union law , law enforcement , private law , law and economics , political science , public law , international trade , economics
Legal systems are generally enforced through two principal mechanisms. Firstly, their enforcement may rely on public enforcement by the state or an organ such as the Commission in the European Union (the "EU"). However, relying merely on public enforcement is generally inefficient. Secondly, the private model of enforcement may be applied, which allows individuals to take initiative to enforce laws. The experience within the EU provides a particularly good example of the coexistence and sometimes cooperation of both public and private enforcement models. Recognizing some powers and roles for the individuals in the enforcement procedures is a must, since the institutions of the EU cannot detect themselves all violations of Community law. The support by individuals is obviously beneficial and even necessary for the effectiveness of the enforcement of EU law. The logic of a 'Europe of Citizens " rather than a "Europe of States " requires that support.
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