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Deterring the state and the firm: two systems of deterrence under EU law?

Abstract:

This paper sheds light on the existence of a differential deterrence regime in EU law, depending on whether the State or the firm is the addressee of a legal obligation. To that end, we review two areas of EU law—environmental law and competition law. Both disciplines employ fines to deter the State and the firm respectively from violating their specific duties under the Treaty on the Functioning of the European Union: the ’duty to transpose’ with regard to State obligation u...

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Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Oxford college:
Lady Margaret Hall
Role:
Author
More from this funder
Name:
Vetenskapsrådet
Funding agency for:
Bogojevic, S
More from this funder
Name:
Ragnar Söderberg Foundation
Funding agency for:
Bogojevic, S
Publisher:
Columbia Law School
Journal:
Colombia Journal of European Law More from this journal
Volume:
23
Issue:
1
Pages:
55-90
Publication date:
2017-12-15
Acceptance date:
2016-11-08
ISSN:
1076-6715
Language:
English
Pubs id:
pubs:666504
UUID:
uuid:088d235c-f282-47c6-b0ad-557efe865c69
Local pid:
pubs:666504
Source identifiers:
666504
Deposit date:
2016-12-17

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