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)
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)
3
Q
effectiveness vs impartiality
A
- effectiveness: appropriate to fulfill goals, sufficient resources and legal certainty
- impartially: no discrimination, no conflict of interest
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
5
Q
actions when non-complaince
A
- art 128: differs per situation
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