Enforcement in Europe: from a national to a pan-European Model Hans-W. Micklitz Hans-W. Micklitz1

Clarifications European consumer law, horizontal and vertical (regulated markets) The actors of enforcement: individuals, collective entities, courts and agencies The multi-level dimension: regional, national, European, international Hans-W. Micklitz2

Transformations from national to pan- European Infringements Institutions Remedies Hans-W. Micklitz3

Infringements The distinction between major and minor infringements Indicators: spread, depth, economic, social and political relevance, Examples: competition law, environmental law, now the banking union Major infringements for the EU level, minor for the national level Hans-W. Micklitz4

institutions Individuals turn into agents for the collectivity Collectivities turn into enforcement institutions (Consumer organisations and self- regulatory bodies) ADR/ODR turn into substitutes for courts Courts turn agencies Agencies turn into courts Hans-W. Micklitz5

Remedies From individual to collective From judicial to administrative From hard to soft From enforcement to compliance From judicial protection to managing execution From public decision making to confidential monitoring Hans-W. Micklitz6

Consequences Minor infringements: compliance through self-control – individually ADR/ODR – collectively - administrative management, if any – national level Major infringements: enforcement – courts as last resort control – individuals as agents – collective enforcement via courts/agencies as managers Hans-W. Micklitz7

Effects on the Legal System Trends towards centralisation Marginalisation and provincialisation of the lower levels Rise of the executive in conjunction with self regulatory bodies Decline of the role and function of courts Loss of publicly available knowledge Reduction of the accountability Hans-W. Micklitz8

Effects on the Law Decline of the law – informal administrative decisions, ADR/ODR, arbitration subject to legal scrutiny in extreme cases only Law as politics – the vanishing law is substituted by politics Fairness instead of justice – informal solutions favour compromises (a bird in the hand is wor th two in the bush) Hans-W. Micklitz9

Counterstrategies There is no way back to the good old times (provided they were good) Key question: How to manage the grand bifurcation? Social/public responsibility of private actors Social/private responsibility of public actors Greater social space for responsible actions Hans-W. Micklitz10

Plea for integrated Enforcement Involving and interlinking private and public, individual and collective actors Across various levels of enforcement The means: networking between the institutions Information exchange and co-ordinated action A promising example: the Apple case Hans-W. Micklitz11