Widdershoven, Rob; Craig, Paul --- "Pertinent issues of judicial accountability in EU shared enforcement" [2017] ELECD 1525; in Scholten, Miroslava; Luchtman, Michiel (eds), "Law Enforcement by EU Authorities" (Edward Elgar Publishing, 2017) 330

Book Title: Law Enforcement by EU Authorities

Editor(s): Scholten, Miroslava; Luchtman, Michiel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786434623

Section: Chapter 13

Section Title: Pertinent issues of judicial accountability in EU shared enforcement

Author(s): Widdershoven, Rob; Craig, Paul

Number of pages: 23

Abstract/Description:

This chapter discusses the judicial accountability of enforcement actions in which European Enforcement Authorities (EEAs) are involved, in the light of the fundamental European standards of the CFR and ECHR. In this respect three general weaknesses are highlighted. First, the framework of some EEAs facilitates the possibility of forum shopping by the authorities to the national legal order with the most far-reaching competences and the lowest procedural guarantees. Second, most regulatory EEA frameworks neglect essential procedural safeguards applicable to EEA investigations, such as the principle of legal professional privilege, the right not to incriminate oneself, and the ex-ante judicial authorisation of on-the-spot inspections. Third, in several areas it is uncertain whether individuals enjoy effective access to a court against EEA investigations. Most weaknesses should be addressed by the European legislator; some may be solved by the national courts.