EU Cartel Enforcement: Reconciling Effective Public by Andreas Scordamaglia-Tousis PDF

By Andreas Scordamaglia-Tousis

There has a been a long-standing debate at the compatibility of ecu pageant legislation with primary rights safety, fairly because the latter is enshrined within the due strategy necessities of the ecu conference on Human Rights (ECHR). This e-book, a sign contribution to that discuss, assesses questions of paramount predicament: first, no matter if the present point of basic rights safety in cartel enforcement falls in the accredited ECHR criteria; and moment, how the customarily conflicting ambitions of effectiveness and enough security of primary rights may possibly optimally be accomplished. Following an in depth survey of correct european institutional, major, and procedural legislation principles, the writer bargains a collection of persuasive normative responses to either questions. continuing from an in-depth research of the pertinent rights and felony nature of festival lawsuits less than ecu and ECHR legislation, the writer is going directly to study such components of the perceived incompatibility because the following: investigatory powers vested in festival experts; the privilege opposed to self-incrimination; correct to privateness; “fair trial” probatory necessities; measure of use of presumptions in ecu perform; Article 6 ECHR promises concerning the presumption of innocence; proving coordination of aggressive behaviour; proving limit of festival; admissibility of proof ahead of ecu Courts and the fee; evaluate of the attribution of legal responsibility ideas; ecu fining principles; judicial assessment of cartel judgements via ecu Courts; and nationwide sanctioning principles. The author’s terribly thorough presentation is rounded off with a remarkably complete bibliography that lists (in addition to books and articles) newspaper articles, european rules and directives, soft-law directions and “best practices”, european and ECtHR case legislation, ecu suggest common critiques, ecu fee judgements, and eu Ombudsman judgements. normal conclusions pressure the need of introducing extra reforms to augment the effectiveness and legitimacy of basic rights within the context of pageant lawsuits. Few books have taken the sort of thorough and far-reaching method of the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the rules of legality, non-retroactivity, presumption of innocence, and ne bis in idem. within the intensity of its appraisal of the complete spectrum of enforcement parts from a primary rights standpoint, the ebook is with out friends. it will likely be warmly welcomed by means of any events drawn to the intersection of pageant legislation and human rights.

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EU Cartel Enforcement: Reconciling Effective Public Enforcement with Fundamental Rights (International Competition Law Series) by Andreas Scordamaglia-Tousis


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