Towards a European Reassessment of Punitive Law Enforcement?

The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, artificial intelligence policy,  security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also places new demands on their enforcement, especially when it comes to investigations with the aim of imposing punitive administrative and/or criminal sanctions.

In this expanded version of his valedictory lecture Prof. Vervaele is assessing  1) to what extent the EU and its Member States have a policy on punitive enforcement in the internal market and in the Area of Freedom Security and Justice  and 2) how this policy translates into the harmonization of substantive administrative and criminal law and  procedural law at the national level and into the elaboration of administrative and judicial cooperation instruments and the setting up of European enforcement agencies. The assessment includes to what extent this policy takes account of the human rights obligations.

Prof. Vervaele concludes with a plea for a European model for punitive law enforcement with an increased alignment between the administrative enforcement tools in the internal market and the criminal enforcement tools in the Area of Freedom, Security and Justice. In this model the national enforcement authorities are built in under a network cooperation scheme.

John Vervaele is Professor at Utrecht Law School,  Co-Director of Utrecht Centre for Regulation and Enforcement in Europe (Renforce), and Professor at  the College of Europe, Bruges. He is the President of the International Association of Penal Law (AIDP). He is also member of the steering committee of the European Criminal Law Academic Network (ECLAN) and has been elected member of the Council of the European Law Institute (ELI) in Vienna. He is the recipient of numerous academic honours, including the prestigious scientific award Pioneer (VICI) of the Dutch Scientific Organisation and many subsidy grants from the EU and Dutch Ministries.

His teaching and research record of 40 years of experience is mainly in the fields of enforcement of EU law, comparative economic-financial criminal law, comparative criminal procedure, judicial cooperation in criminal matters, European agencies and criminal evidence, terrorism and money laundering, procedural safeguards and human rights. Vervaele is a regular visiting professor at European and International Universities in the  US, China and Latin America.

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