Lecture 13: enforcement, control and reaction

Question 1

public enforcement includes what?

Answer 1

• 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)

Question 2

private enforcement includes what?

Answer 2

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

Question 3

effectiveness vs impartiality

Answer 3

1. effectiveness: appropriate to fulfill goals, sufficient resources and legal certainty
2. impartially: no discrimination, no conflict of interest

Question 4

what does control need

Answer 4

• 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

Question 5

actions when non-complaince

Answer 5

• art 128: differs per situation

Question 6

type of penalites

Answer 6

• 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