Jan 2017

Academy of European Public Law Series - 9, Stefano Lorenzo Vitale, Administrative Sanctions in European Union Law

Administrative sanctions are an important tool to which Member States and EU institutions recur in order to enforce EU law. The research focuses on sanctions imposed by EU institutions and Member States to natural persons and legal entities in the enforce­ment of EU law and aims to analyze the interplay between national and EU law in the enforcement of EU sanctions and to pro­vide a brief overview of the main principles related to the pro­tection of fundamental rights in this area.

This research first examines the evolution of sanctioning powers within the Communities (now the European Union) and the current legal framework, addressing the balance of competences between Mem­ber States and EU institutions. It then defines the nature and scope of EU sanctions while an overview of the main substantial principles related to the protection of fundamental rights in sanctioning proceedings and to the principle of effective judicial protection, each of them addressing the convergences or tensions between the case law of the Court of Justice and that of the Euro­pean Court of Human Rights, follows. In conclusion, the analysis conducted shows that administrative sanctions are a central aspect of the EU integration process.

Dr. Stefano Lorenzo Vitale of the University of Rome “La Sapienza” worked on this research under the astute supervision of Prof. Vincenzo Cerulli Irelli of the same University.