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Administrative Sanctions in EU Law

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EU law has broadened the scope of administrative sanctioning by adding a variety of sanctions to the palette of sanctions in national law. Since the coming into force of the Charter, EU procedural standards are modelled on the 'criminal charge' case law of the ECrtHR. These standards are discussed below, and the question of whether the ECtHR and the CJ will agree on the qualification of certain EU sanctions as not criminal in nature is raised. The difference in the Court's approach of reparatory and punitive sanctions with regard to procedural guarantees is gradual and in line with the ECrtHR's case law allowing a procedure that is not as strict provided the sanction concerns a 'light' criminal charge. The Charter contains specific guarantees in 'criminal proceedings'. It is argued that, as a consequence, the CJ needs to clear up to which sanctions these guarantees apply.

Document Type: Editorial

Publication date: March 1, 2012

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  • Review of European Administrative Law (REALaw) is a law review, published twice a year (online and in print), in the English language edited at the Department of Administrative Law and Public Administration of the University of Groningen and the Institute of Constitutional and Administrative Law and the Europa Instituut of Utrecht University. Review of European Administrative Law provides a forum for the discussion of issues in the development of European administrative law. The journal aims to cover all aspects of European administrative law, reflecting the role of the European Union, the role of domestic legal orders and their mutual relation and influence.
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