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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao https://doi.org/10.1...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
https://doi.org/10.1017/978178...
Part of book or chapter of book . 2019 . Peer-reviewed
License: Cambridge Core User Agreement
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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
MAnnheim DOCument Server
Part of book or chapter of book . 2019
SSRN Electronic Journal
Article . 2019 . Peer-reviewed
Data sources: Crossref
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Private Enforcement versus Public Enforcement

Authors: Franck, Jens-Uwe;

Private Enforcement versus Public Enforcement

Abstract

This paper sheds light on the ‘private-vs.-public enforcement’ debate. In the first part, using EU internal market law as an example, it will be illustrated that the (relative) effectiveness of private and public instruments of enforcement is significant not only from a policy point of view, but in fact also for the application of legal principles. An analysis of the ECJ’s case law reveals that there is no general obligation on the part of the Member States to provide in each context for mechanisms of both private and public enforcement to guarantee a sufficient level of compliance with substantive EU law. In the second part, taking a functional perspective, an overview of the ‘private-vs.-public enforcement’ debate is provided. An essential finding is that neither a model of purely private enforcement nor a model purely public enforcement can be constructed as a first-best-enforcement solution. The most one can hope for is a robust second-best enforcement strategy that will often, but not necessarily, require a mix of elements of private and public enforcement.

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    popularity
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    influence
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
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