Jean Monnet Network on enforcement of EU law (EULEN)

Papers

JMN EULEN WORKING PAPER SERIES

We collect papers falling within the thematic scope of our network. Our aim is to promote scarce and dispersed knowledge on EU law enforcement across different sectors and jurisdictions to boost academic research in this area; to offer at this moment scarce reading materials in educational programmes; and to enrich the debate between academics and stakeholders involved in EU law enforcement.

Below is a selection of papers collected for our conferences:

EPPO

EPPO ONE YEAR IN ACTION: TOWARDS RESOLVING COMPLEXITY AND BRINGING ADDED VALUE (University of Luxembourg, 30 May – 1 June 2022)

  1. WP Series No. 01-22 The Rule of Law as a meta-principle and the emergence of a Law of execution in tax matters -Andreia Barbosa
  2. WP Series No. 02-22 Cooperative Compliance Measures to Prevent Organised Crime Infiltrations and the Protection of the EUs Financial interests – Birritteri and Tati
  3. WP Series No. 03-22 The role of the national investigating judge in EPPO proceedings – J. Graat
  4. WP Series No. 04-22 The gathering of e- evidence by the EPPO and the relevant admisibility issues – Katsanaki
  5. WP Series No. 05 European Commission’s Proposal for a new EU AML_CFT Authority – Koutsoupia
  6. WP Series No. 06-22 The anti-fraud measures in the recovery and resilience facility and in national recovery and resilience plans – Ruccia
  7. WP Series No. 07-22 Who investigates and prosecutes The scope of competences of EPPO – Dionyssoupoulou
  8. WP Series No. 08-22 Agencification of the PIF Sector – Added Value or Further Complexity Lost in the Labyrinth or Back to Basics – Nomikos
  9. WP Series No. 09-22 When EPPO meets customs A clash of enforcement strategies and procedural safeguards – Claes Franssen

MIGRATION

THE EU MIGRATION, BORDER MANAGEMENT AND ASYLUM REFORM IN THE AFTERMATH OF THE REFUGEE CRISIS: TOWARDS AN EFFECTIVE ENFORCEMENT (University of Deusto, Bilbao, 2-3 June 2022)

  1. WP Series No. 10-22 Separated Minors or the Dilemma Between General and Individual Interest in Migration Law Compliance – Petit de Gabriel
  2. WP Series No. 11-22 Crisis rhetoric and derogations from the AFSJ Is EU asylum policy discriminatory or does its implementation reflect the rule of law – Kienast
  3. WP Series No. 12- 22 Migration as an Instrument of Modern Political Warfare Cases of Turkey, Morocco and Belarus Miholjcic
  4. WP Series No. 13-22 Modern Slavery and Migrant Smuggling A Sustainable Development Conundrum – Szablewska
  5. WP Series No. 14-22 The European Parliament’s oversight of the agencies of the Area of Freedom, Security and Justice. Where are we now and where are we heading – Ruiz Diaz
  6. WP Series No. 15-22 Which rule of law for EU migration agencies – Marin
  7. WP Series No. 16-22 THE RISE OF EU MIGRATION AGENCIES Striking a Balance Between Enforcement Needs and Access to Justice – Nicolosi Omicevic
  8. WP Series No. 17-22 Cooperation Initiatives by Member States with Third Countries for the Control of Migratory Flows The Case of the Memorandum between Malta and Libya – Calvo Mariscal
  9. WP Series No. 18-22 Building solidarity in the field of asylum from an abstract principle to an effective policy – Dos Santos Soares
  10. WP Series No. 19-22 Addressing migrant smuggling in the European Union. Challenges for a non-criminalized, coordinated and effective response – Jordana Santiago
  11. WP Series No. 20-22 The instrumentalization of the Syrian refugee crisis – Elif Sum
  12. WP Series No. 21-22 Enforcing Migration, Asylum and Border Management Policies through AI-based Tools What Role for the AFSJ Agencies – Vavoula
  13. WP Series No. 35-22 Migration as Diplomacy The Example of the EU – Guild
  14. WP Series No. 21-23 Combating Migrant Smuggling by Sea in Spain: Judicial Use of the Information Obtained from the Victims, Frontex and Europol – Fernández-Rojo

COMPETITION LAW

EU COMPETITION LAW ENFORCEMENT: CHALLENGES TO BE OVERCOME (University of Warsaw, 27 May 2022)

  1. WP Series No. 22-22 The Resurrection of the Comfort Letter – Back to the Future – Unekbas
  2. WP Series No. 23-22 Section 19a GWB as the German Lex GAFA – Bauermeister
  3. WP Series No. 24-22 Why do Competition Authorities need Artificial Intelligence – Lorenzoni
  4. WP Series No. 25-22 Intel, iiyama and Air Cargo Far-Reaching Extraterritorial Application of EU Competition Law – Martyniszyn
  5. WP Series No. 26-22 Leave it to the experts a call for competition expert lay judges in private enforcement of competition law – Hornkohl
  6. WP Series No. 27-22 – National competition law – time to say goodbye – Dobosz
  7. WP Series No. 28-22 The digital economy as a threat to the private enforcement of competition law – Mouton
  8. WP Series No. 29-22 Enforcement of Competition Law in Times of Crisis Is Guided Self-Assessment the Answer- Wardhaugh
  9. WP Series No. 32-22 Judicial Interpretation and Competition Rules Excessively Stringent Standard of Proof as a Threat for Effectiveness of Competition Law – Pecotic Kaufman
  10. WP Series No. 33-22 Competition law enforcement in Ukraine challenges from online giants- Gerasyemenko Mazaraki
  11. WP Series No. 34-22 The Role of National Authorities in the Digital Markets Act – Carugati
  12. WP Series No. 22-23 Unveiling the Evolution of EU Competition Law Enforcement: Achievements, Challenges and Emerging (Digital) Questions – Bernatt and Zoboli

FINANCIAL SUPERVISION

  1. WP Series No. 35-22 A ‘house of cards’ construction for the expanding mandate of supervision of financial markets in the EU – Scholten
  2. WP Series No. 36-22 Legal effects and justiciability of EU financial soft law: What lessons following the BNB and FBF rulings? – XANTHOULIS
  3. WP Series No. 37-22 The Relationship between the ECB, the EBA and the NCAs in the SSM: Which Way to Complementarity? – Ruccia
  4. WP Series No. 38-22 The authority of administrative law: Its implications for EU integration in the enforcement of composite procedures – Lonardo
  5. WP Series No. 39-22 Towards a Comprehensive Accountability Framework for the SSM – Lettanie
  6. WP Series No. 40-22 The whistle-blower as a private enforcement tool in the EU banking and financial call for a unique solution – Kafteranis
  7. WP Series No. 41-22 EU acts without binding legal force producing binding legal effects at the national level – Enforcement of ESA soft law in the Czech Republic-Hubkova
  8. WP Series No. 42-22 Enforcement of Sanctions within the SSM by European and National Authorities Unravelling Juridsdiction and Accountability – Hayden
  9. WP Series No. 43-22 Regulatory harmonisation and fragmented enforcement – Gargantini
  10. WP Series No. 44-22 Consumer Protection Directives and Private Law Enforcement Three Choices of MS – Biemans

EULEN YRP ROUNDTABLE

25th and 26th of August – University of Bonn

  1. WP Series No. 01-23 EUAA Operations in Malta: legal remedies to the de facto powers in the absence of legal certainty – Pirrello
  2. WP Series No. 02-23 New Pact in Migration and Asylum and the rapid identification of vulnerable profiles: notes on challenges from the Spanish coast – Carvalho da Silva
  3. WP Series No. 03-23 Asymmetries and ambiguities in the EU emergency law in prejudice of effective access to asylum at EU borders and implications of Commission’s proposal for a decision ex 78(3) TFEU -Rizzuto
  4. WP Series No. 04-23 European Collective Redress and Data Protection Challenges and Opportunities – Federico

ARTIFICIAL INTELLIGENCE

ARTIFICIAL INTELLIGENCE SYSTEMS AND EU LAW ENFORCEMENT – BETWEEN EFFECTIVENESS AND RULE OF LAW (University of Castilla-La Mancha, 23rd and 24th March 2023)

  1. WP Series No. 05-23 AI technologies and right to human judge in public regulation – Piconese
  2. WP Series No. 06-23 Establishing principles for the use of artificial intelligence against crypto laundering in European bank law – Antunes
  3. WP Series No. 07-23 Whose Bias Is It, Anyway? The Need for a Four-Eyes Principle in AIDriven Competition Law Proceedings – De Cooman
  4. WP Series No. 08-23 The European way to AI in EU Research & Innovation projects- Delinavelli
  5. WP Series No. 09-23 Transparency in the Face of New Technologies: Information Rights under
    the Law Enforcement Directive- Erdogan
  6. WP Series No. 10-23 Ready or not? A systematic review of case studies using data-driven approaches to detect real-world antitrust violations – Amthauer, Fleiß, Guggi and Robertson
  7. WP Series No. 11-23 Will AI ‘subtly’ take over decision-making in the EU migration context?Warnings and lessons from ETIAS and VIS- Gugliotta & Elbi
  8. WP Series No. 12-23 Slipping through the cracks: The carve-outs for AI tax enforcement systems in the EU AI Act – Hadwick
  9. WP Series No. 13-23 Digitalization in Dutch and EU Migration Law Individual Rights in the Blind Spot- Hillary & Aarrass
  10. WP Series No. 14-23 Developing AI tools for law enforcement authorities (LEAs): The journey of the TRACE project – Turksen & Kafteranis
  11. WP Series No. 15-23 Opening the black box: uncovering the European Commission’s cartel fining formula through computational analysis- Van den Bosch & Bostoen
  12. WP Series No. 16-23 The right to avoid self-incrimination: yet another elephant in the automated competition law enforcement room?- Van Cleynenbreugel
  13. WP Series No. 20-23 AI and law enforcement – Jiménez

TYPES OF ENFORCEMENT 

ENSURING EFFECTIVENESS AND THE RULE OF LAW IN A SHARED LEGAL ORDER (Workshop: Level playing field versus differentiated enforcement of EU law, Utrecht University, 2oth and 21st April 2023 and conference in Heidelberg, 23-24 June 2023)

  1. WP Series No. 17-23 Differentiation, uniformity and level playing fields in the enforcement of EU law – Princen and Luchtman
  2. WP Series No. 18-23 The Rule of Law in the Enforcement of EU law: Shortcomings and future standards – Meyer
  3. WP Series No. 19-23 Functions and Constitutional Dimensions of Effectiveness – Meyer