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Author: Pál Szilágyi Publisher: Createspace Independent Publishing Platform ISBN: 9781500364380 Category : Law Languages : en Pages : 338
Book Description
The book is a short review of recent developments in the interaction of fundamental rights and EU competition law. The European Union courts adopted a view where they try to reconcile old case law and recent developments under the European Convention of Human Rights. The result is, however unsatisfactory and ambiguous. In competition policy the commentators often call for an effects based approach. In the author's view, this is what also happened in this field, namely, that fundamental rights considerations are assessed from a perspective, whether the outcome of the case would such that the European Commission can preserve the margin of appreciation it has, without a full review control as understood in the ECtHR case law.
Author: Pál Szilágyi Publisher: Createspace Independent Publishing Platform ISBN: 9781500364380 Category : Law Languages : en Pages : 338
Book Description
The book is a short review of recent developments in the interaction of fundamental rights and EU competition law. The European Union courts adopted a view where they try to reconcile old case law and recent developments under the European Convention of Human Rights. The result is, however unsatisfactory and ambiguous. In competition policy the commentators often call for an effects based approach. In the author's view, this is what also happened in this field, namely, that fundamental rights considerations are assessed from a perspective, whether the outcome of the case would such that the European Commission can preserve the margin of appreciation it has, without a full review control as understood in the ECtHR case law.
Author: Christophe Paulussen Publisher: Springer ISBN: 9462650888 Category : Law Languages : en Pages : 327
Book Description
In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.
Author: A. Andreangeli Publisher: Edward Elgar Publishing ISBN: 184844267X Category : Political Science Languages : en Pages : 297
Book Description
. . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.
Author: Fransicso Enrique Gonzalez Diaz Publisher: ISBN: 9789077644348 Category : Languages : en Pages : 0
Book Description
Due to the imminent accession by the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, it has become ever-more important to ensure that both the procedures, as well as the substantive application of European competition law by the European Commission and the EU Courts, are consistent with the protection of fundamental rights set out therein. This book will provide a unique insight into the possible main friction points between European competition law enforcement and the protection of fundamental rights, as well as an in-depth analysis of the key challenges lying ahead, in light of the case law of the EU Courts and of the European Court of Human Rights.
Author: Publisher: Oxford University Press ISBN: 0198877188 Category : Law Languages : en Pages : 3034
Book Description
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. Written by a team of contributors drawn from the Legal Service of the European Commission and from academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
Author: Cristina Teleki Publisher: BRILL ISBN: 9004447490 Category : Business & Economics Languages : en Pages : 392
Book Description
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Author: Federico Ferretti Publisher: Springer ISBN: 3319089064 Category : Law Languages : en Pages : 135
Book Description
The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets themselves need attention, in addition to the markets that they serve. The book also advances new perspectives on cases in which consumers’ personal information is involved in the exchange, recognizing the inevitable interaction between EU competition law, the interests and protection of consumers and personal data protection. It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.
Author: Tanel Kerikmäe Publisher: Springer Science & Business Media ISBN: 3642389023 Category : Law Languages : en Pages : 200
Book Description
Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain “inflation” caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more “purist” to ensure that universal human rights as a concept survive. Another chapter concentrates on the analysis of the frames of “EU protected human rights” from the perspective of effective implementation. Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on. Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.
Author: Vasiliki Kosta Publisher: Bloomsbury Publishing ISBN: 1782258981 Category : Law Languages : en Pages : 336
Book Description
This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.
Author: Pál Szilágyi
Author: Pál Szilágyi
Author: Christophe Paulussen
Author: A. Andreangeli
Author: Philip Alston
Author: Fransicso Enrique Gonzalez Diaz
Author: 
Author: Cristina Teleki
Author: Federico Ferretti
Author: Tanel Kerikmäe
Author: Vasiliki Kosta