Judicial Review and the Rule of Law in the Eu Competition Law Regime AfterAlrosa

2011 ◽  
Vol 7 (1) ◽  
pp. 127-153 ◽  
Author(s):  
Firat Cengiz
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Competition Law ◽  
The Rule Of Law ◽  
Eu Competition Law ◽  
The Eu

Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law

2017 ◽  
Author(s):  
Katalin J Cseres
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Competition Law ◽  
Public Enforcement ◽  
Competition Law Enforcement ◽  
Governance Model ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Consistent Application ◽  
The Eu

This chapter evaluates the functioning of the decentralized public enforcement of EU competition law. The analysis focuses on the effectiveness of the decentralized enforcement, which relies on Rule of Law principles. It has been argued that Rule of Law principles are a prerequisite for effective competition law enforcement. Aside from that, assessing the effectiveness of the decentralized enforcement framework also takes account of the problems of multilevel governance which have emerged as a result of the decentralization of enforcement powers and the creation of parallel competences for the Commission and national actors which made it essential to guarantee uniform and consistent application of the EU competition rules. Centrifugal pulls from the Member States towards their national legal systems and centripetal pushes from the Commission create uniformity and consistency in this multilevel system. Analysing these bottom-up and top-down approaches allows us to analyse decentralized enforcement as a specific governance model.

Defending Democracy and the Rule of Law in the Era of Post-Enlargement

2020 ◽  
Vol 45 (4) ◽  
pp. 409-431
Author(s):  
Kirsten Schmalenbach
Keyword(s):  
Rule Of Law ◽  
Early Warning ◽  
Judicial Review ◽  
Defence Mechanism ◽  
Member States ◽  
The Rule Of Law ◽  
New Member States ◽  
Court Of Justice ◽  
The Individual ◽  
The Eu

Abstract This contribution critically analyses the four limbs of the EU’s defence mechanism upholding the rule of law within the Union. The first being the individual post accession rule of law mechanism, introduced by the Commission in 2006 for the two new member states Bulgaria and Rumania. The second, and arguably most powerful limb, involves the EU Court of Justice conducting a judicial review of a member state’s rule of law situation, which is of far greater concern for reviewed members than the so-called “nuclear” last-resort option of Art. 7 teu ’s sanction mechanism (fourth limb) that is politically difficult to enact. With a view to the politically fraught Art. 7 teu, the Commission introduced a new “early warning” rule of law framework in 2014 which pre-emptively enables exploring dialogue-based solutions to rule-of law issues as they emerge (third limb).

scholarly journals The “Thick” Rule of Law and Mutual Trust in the European Union

2019 ◽  
Vol 18 (1) ◽  
pp. 1-17
Author(s):  
Juha Raitio
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Good Governance ◽  
Mutual Trust ◽  
The European Union ◽  
The Rule Of Law ◽  
Material Concept ◽  
The Eu

The concept of the rule of law has lately become a topical and controversial issue. For example, the existence of effective judicial review is an inseparable part of the rule of law and some problems in this respect have been analysed. This article advocates for a thick concept of the rule of law. This refers to the idea that the rule of law has both material and formal content. The controversial part seems to be the question of material content and whether it obscures the essential meaning of the rule of law as a requirement of legality. However, the material aspect of the rule of law can be linked to the value-base of the European Union. For example, during its EU Presidency, Finland strongly emphasized the significance of the value base and the rule of law in Article 2 teu for the development of the EU. Democracy, the rule of law, and the actualisation of fundamental and human rights in particular are connected together, combined in a trinity where all the components form preconditions for the others. This stance is not a novelty in Finland, since Jyränki, for one, two decades ago already maintained that human rights protect the individual’s position and thus belong to the sphere of the material concept of the rule of law. I have employed the metaphor of a musical triangle. A triangle can only make a sound if all three of its corners are connected to each other, thereby connecting the sides of the triangle. Observance of the core values of the EU is a precondition for mutual trust between Member States, which in turn is necessary for a well-functioning European Union and good governance.

Jones & Sufrin's EU Competition Law

2019 ◽  
Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne
Keyword(s):  
Human Rights ◽  
Technology Transfer ◽  
Judicial Review ◽  
Competition Law ◽  
Postgraduate Students ◽  
Enforcement Policy ◽  
Eu Competition Law ◽  
Recent Developments ◽  
European Competition Law ◽  
The Eu

EU Competition Law: Text, Cases, and Materials provides a complete guide to European competition law in a single authoritative volume. Carefully selected extracts from key cases, academic articles, and statutory materials are accompanied by in-depth author commentary from three experienced academics in the field. Thorough footnoting and referencing give a tour of the available literature, making this an ideal text and stand-alone resource for undergraduate and postgraduate students, as well as for competition law scholars engaged in specialized study. This seventh edition has been fully updated with detailed coverage and commentary on recent developments. These include the EU Courts’ judgments on Articles 101, 102 and 106 including Intel; cases on the Commission’s enforcement powers and judicial review; new legislation and guidelines on technology transfer; the revised de minimis notice; Commission actions in the digital economy, including the Google case; the directive on damages; and thorough discussion of ongoing developments in competition law such as the Commission's enforcement policy against cartels, the appraisal of mergers, the use of commitments decisions and the compatibility of EU competition procedures with human rights provisions.

scholarly journals Competition Law Enforcement in Italy after the ECN+ Directive: the Difficult Balance between Effectiveness and Over-enforcement

2019 ◽  
Vol 12 (19) ◽  
pp. 91-109
Author(s):  
Giacomo Dalla Valentina
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Competition Law ◽  
Competition Authority ◽  
International Debate ◽  
The Rule Of Law ◽  
Competition Law Enforcement ◽  
Eu Competition Law ◽  
National Competition

Almost fifteen years after its adoption, the system of decentralized enforcement laid down in Regulation 1/2003 has shaped competition law in a way that could hardly be predicted, in terms of both magnitude and quality of the activities of National Competition Authorities. More recently, the so-called ‘ECN+ Directive’ was adopted to address the shortcoming of such system, namely a perceived lack of independence and accountability of several NCAs and a certain degree of divergence within the European Competition Network. In this scenario, the Italian Competition Authority has frequently been depicted as a well-equipped, independent and effective enforcer and – with a few notable exceptions – the international debate concerning such reform has mostly overlooked its possible impact within the Italian legal system. This paper aims to assess whether, and to what an extent, the ECN+ Directive should affect the enforcement of competition law in Italy and, in particular, those fundamental guarantees of independence and effectiveness that form the core of the rule of law in the field of EU competition law.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

scholarly journals European prosecution between cooperation and integration: The European Public Prosecutor’s Office and the rule of law

2021 ◽  
pp. 1023263X2110059
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Legal Framework ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Applicable Law ◽  
European Public ◽  
Judicial Protection ◽  
Current Rule ◽  
Academic Debate

The article will examine the challenges that the establishment of the European Public Prosecutor’s Office poses for the rule of law – a question which has been underexplored in the policy and academic debate on the establishment of the EPPO, which focused largely on questions of structure and powers of the EPPO and the battle between intergovernmental and supranational visions of European prosecution. The implications of the finally adopted legal framework on the EPPO on the rule of law will be analysed primarily from the perspective of the rule of law as related to EPPO investigations and prosecutions and their consequences for affected individuals – in terms of legal certainty and foreseeability, protection from executive arbitrariness, effective judicial protection and defence rights. The article will undertake a rule of law audit of the EPPO by focusing on three key elements of its legal architecture – the competence of the EPPO, applicable law and judicial review – and the interaction between EU and national levels of investigation and prosecution that the EPPO Regulation envisages. The analysis will aim to cast light on the current rule of law deficit in a hybrid system of European prosecution located somewhere between co-operation and integration.

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