DTU REMS II

The Doctoral Training Unit on Enforcement in Multi-Level Regulatory Systems II (REMS II) is a joint research programme of the Faculty of Law, Economics and Finance (FDEF) and the Max Planck Institute Luxembourg for Procedural Law (MPI Luxembourg). DTU-REMS-II follows up the first DTU research programme on Enforcement in Multi-level Regulatory Systems running at the University of Luxembourg since 2017 (more information on the first programme can be found here).

 

Multi-level regulatory systems are a key feature of post-modern societies. They are characterised by the interdependence between public and private actors cutting across a variety of governance levels; and by substantive specialisation, which determines different modes of multi-level interactions, adjusted to the regulatory needs of each policy field. Enforcement ensures conformity between behaviour and legal rules and is key for both the credibility and effectiveness of multi-level regulatory regimes and for their legitimacy. Despite its importance, enforcement has received relatively limited academic attention. Existing studies, fall short of comprehensively assessing the complex patterns of interaction that cut across international, European and domestic governance levels.

 

 

 

Against this background, the goals of DTU REMS II are twofold:

  • mapping the legal problems and weaknesses of enforcing legal norms in multi-level settings;
  • defining how those legal problems can be addressed by identifying the possible choices between various forms of judicial or non-judicial enforcement institutions (or combinations thereof) that respect the constitutional principles of democracy, fundamental rights’ protection and the rule of law.

DTU-REMS-II is designed to capture the overall process through which conformity between behaviour and legal norms can be progressively achieved in multi-level regulatory systems and to enable a comparative institutional analysis between the various enforcement mechanisms employed in multi-level regulatory systems.

The research programme will be conducted in four distinct research axes, each having constitutional principles as evaluative criteria for the respective comparative institutional analysis. The PhD candidates selected in this round will contribute to the following research axes and themes:

  • Courts, quasi-judicial bodies and regulatory agencies in multi-level regulatory systems, specifically:
    • Alternative dispute resolution mechanisms and effective protection of rights – consumer protection in financial services. Excellent knowledge of French is an advantage for this project. (Prof. Elise Poillot and Prof. Isabelle Riassetto)
    • Judicial and non-judicial control over punitive sanctions (Prof. Silvia Allegrezza)
  • The public-private divide and its challenges to enforcement;
    • Public and private enforcement of international sanctions at the national level (Prof. Matthew Happold)
    • Evidence sharing in multi-level enforcement systems (Prof. Katalin Ligeti)
  • Norms, enforceability and availability of legal remedies (the challenges of multi-level settings to the protection of constitutional principles)
    • Enforceability of EU law and availability of legal remedies: the challenges of multi-level settings to the protection and/or promotion of constitutional principles (migration, external action of the EU and restrictive measures, external action of the EU and sustainable development) (Prof. Eleftheria Neframi)
  • Complementarity Between Ex Ante Compliance Mechanisms and Ex-Post Enforcement;
    • Centralised and/or Decentralised Approach to EU securities law enforcement (Prof. Pierre-Henri Conac)

The research programme is supported by an inter-disciplinary doctoral training programme covering economics and law, based on seminars and collaborative research-based activities dedicated to topics tailored to the research programme.

 

Contact

Coordinator: Joana MENDES

Project support: Anna CHRISTEN