Should we sanction States more when they violate the law? New Paper with S. Bogojevic

Our analyzis of sanctions imposed on firms in antitrust law and penalties imposed on the State in environmental law suggests the existence of a discrepancy. Comparatively, the State is subject to a less stringent deterrence regime.

We look for possible justifications to this difference, and find that none of them is conclusively undisputable. 

We conclude that a rethink may be needed, in areas where the EU and international organizations want to deter States to breach their legal obligations.

 Full text at: https://ssrn.com/abstract=2774875; paper will appear in Columbia Journal of European Law