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Ensuring controls for shared enforcement in the EU multi-jurisdictional legal order

Regulation
Europeanisation through Law
Policy Implementation
Miroslava Scholten
Utrecht University
Miroslava Scholten
Utrecht University

Abstract

The rapid growth of shared enforcement powers warrants the questions of control. The challenges to control seem to come primarily from the fact that hardly any alignment has taken place. Hardly any alignment (safe for perhaps the preliminary review procedure) has been sought among the systems of controls belonging to different jurisdictions in which shared enforcement has been organised and has been exercised. Hardly any alignment has been created among different types of controls. This paper investigates these issues and proposes recommendations as to how to establish such alignments to ensure controls in two concrete cases (ESMA and EASA). It builds upon legal analysis, literature studies and a limited number of semi-structured interviews conducted in the past years for various related research projects of the author.