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SSRN Electronic Journal
Article . 2012 . Peer-reviewed
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Administrative Sanctions in EU Law

Authors: de Moor-van Vugt, A.;

Administrative Sanctions in EU Law

Abstract

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 ECtHR. 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 ECtHR’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.

Country
Netherlands
Related Organizations
Keywords

340, 330

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    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.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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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!
6
Average
Top 10%
Average
Green
bronze