Redakcja:

Enforcing EU Law at the National Level : EU General Principles and the Imposition of Fines

Abingdon, Oxon ; New York : Routledge, 2026

ISBN 9781003652892; 9781041100027; 9781003652892

XI, [1], 386 stron. Bibliografie przy poszczególnych rozdziałach. Indeks.

This book examines the interface between EU primary law and national substantive and procedural legislation governing fines imposed by Member States for breaches of European law or national implementing legislation. It focuses on analyzing the general principles of EU law and the European fundamental rights enshrined in the Charter of Fundamental Rights of the European Union. It explains the links between EU law and national fining legislation or proceedings that trigger the duty to respect EU primary law. It covers the concepts of consistent interpretation, the primacy of EU law, and the effectiveness of European fundamental rights and general principles from the perspective of national fining proceedings and the protection of individuals. The collection discusses the following principles and fundamental rights: the principle of legal certainty, the principle of protection of legitimate expectations, the principles of equal treatment and non-discrimination, the principle of proportionality, the principle of ne bis in idem, the principle of good administration, and the right to an effective remedy. Each principle or fundamental right has been analyzed coherently, with the focus on the rights of individuals and the duties of national administrative authorities and courts in the course of national fining proceedings. It also explores the interdependencies between various principles and rights, as well as some specific problems in this area that have occurred in Poland, thus showing the practical importance of the research, or issues that are common to all Member States irrespective of differences in national procedures and fining provisions. The volume will be a valuable resource for researchers, academics, and policy-makers working in the areas of EU law, Administrative Law, and Comparative Law.

This research was funded in whole by the National Science Center, Poland (No. 2021/43/B/HS5/01252).

Introduction

Enforcing EU Law at the National Level : EU General Principles and the Imposition of Fines / edited by Dawid Miąsik. Abingdon, Oxon ; New York : Routledge, 2026, s. 1-4.

This chapter presents the idea of this book and its origin. It explains its three-partite structure and the importance of respecting general principles of EU law and EU fundamental rights in the course of national administrative proceedings and judicial appeals. It discusses how this respect may serve individuals and the Union itself. It lists the topics of the chapters and their main objectives.

This research was funded in whole by the National Science Center, Poland (No. 2021/43/B/HS5/01252).

Conclusions : Towards a common standard in national fining proceedings?

Enforcing EU Law at the National Level : EU General Principles and the Imposition of Fines / edited by Dawid Miąsik. Abingdon, Oxon ; New York : Routledge, 2026, s. 377-382.

This chapter summarizes the research conducted in this book. It demonstrates the overall impact of EU general principles of law and fundamental rights on national fining legislation and national fining proceedings. It lists the links that force national administrative authorities to apply EU law. It also determines which general principles or fundamental rights apply only to fines of a criminal character and reminds that the optimal criterion for establishing this character is the concept of an administrative surplus. It also calls for the reinterpretation of the Kolpinghuis Nijmegen formula. This chapter also discusses the working of the Simmenthal rule in fining proceedings as well as the various modes of re-opening of national proceedings under the formulas created by the European Court of Justice. This chapter covers the practical effects of the general principles and fundamental rights analyzed in this book, with the principle of proportionality offering the greatest potential for securing the rights of an individual who has been fined. It also discusses the evolving nature of the general principles of EU law and EU fundamental rights as well as the overlapping nature of some principles.

This research was funded in whole by the National Science Center, Poland (No. 2021/43/B/HS5/01252).

The consequences of the failure to observe European general principles and fundamental rights in national fining proceedings

Współautorstwo: Poździk, Rafał

Enforcing EU Law at the National Level : EU General Principles and the Imposition of Fines / edited by Dawid Miąsik. Abingdon, Oxon ; New York : Routledge, 2026, s. 54-86.

This chapter covers the various consequences of non-observance of EU fundamental rights or general principles by the national legislator, a national administrative authority or a national court. It discusses the application and effects of the principle of primacy and its remedy, the disapplication of national fining legislation that infringes an EU fundamental right or a general principle of EU law. It analyzes whether and under what conditions such an infringement may result in revocation or change of the fining decisions, reopening of national proceedings, or even non-execution of a fine. This chapter sets out the requirements that must be met when claiming damages for breaches of EU fundamental rights or general principles in the course of national fining proceedings.

This research was funded in whole by the National Science Center, Poland (No. 2021/43/B/HS5/01252).

The principle of proportionality and assessment of national fines

Enforcing EU Law at the National Level : EU General Principles and the Imposition of Fines / edited by Dawid Miąsik. Abingdon, Oxon ; New York : Routledge, 2026, s. 152-185.

This chapter discusses the assessment of the proportionality of fines imposed by national authorities. It analyzes the elements of the different modes of the proportionality tests. The chapter provides the authorities, the courts, and the fined individuals with a set of leads to help them determine whether the nature of the infringement, its seriousness, and the severity of the fine to be imposed, or that had been imposed, could be deemed proportionate. It also considers various peculiarities of the application of the proportionality test depending on the source of the fining legislation (EU law or national implementing legislation), the fines imposed in cases falling within the scope of internal market rules and the instances of cumulation of different sanctions with fines.

This research was funded in whole by the National Science Center, Poland (No. 2021/43/B/HS5/01252).