Lecture 13: enforcement, control and reaction Flashcards

1
Q

public enforcement includes what?

A
  • monitoring, investigating and sanctioning
  • allocation (delegate to other powers)
  • sanction (induction/fine)
  • timing of intervention (ex ante or ex post)
  • governmental level (de or centralized)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

private enforcement includes what?

A

enforcement of substantive law by subjects of private law (if you own your house, you have right to open your window)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

effectiveness vs impartiality

A
  1. effectiveness: appropriate to fulfill goals, sufficient resources and legal certainty
  2. impartially: no discrimination, no conflict of interest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what does control need

A
  • regular, frequency based on risk appraoch
  • transparent and confidentiality
  • right of appeal
  • control methods, check: documentary, identity, physical
  • control methods used: specific based on legal, scientific and technical validity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

actions when non-complaince

A
  • art 128: differs per situation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

type of penalites

A
  • can differ per MS as well
  • recall, withdraw, removal and destruction of good
  • order closure of business
  • withraw registration
  • order slather
    in case of misleading certificator
  • suspend them
  • withdraw auhtoridsation to sign certificates
How well did you know this?
1
Not at all
2
3
4
5
Perfectly