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Due Process and Fair Trial in EU Competition Law: The Impact of Article 6 of the European Convention on Human Rights: Nijhoff Studies in European Union Law, cartea 18

Autor Cristina Teleki
en Limba Engleză Hardback – 19 mai 2021
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.
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Specificații

ISBN-13: 9789004447219
ISBN-10: 9004447210
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Studies in European Union Law


Notă biografică

Cristina Teleki, Ph.D. (2020) is a lawyer who worked at the European Court of Human Rights, the European Commission and the International Committee of the Red Cross. Her research focuses on fundamental rights and EU law.

Cuprins

List of Tables and Figures
Acknowledgements

Introduction
1 Scope
2 Methodology

PART 1
Foundations

1 Central Issues of Research
1.1 EU Competition Law – A Paradox within EU Law
1.2 The ECtHR – System Design as a Predictor of Success
1.3 ECtHR as a Self-Regulating Tribunal

2 Supporting Issues
2.1 Systems Theory and Social Sciences
2.2 The New Public Management Movement
2.3 Peoples, Consumers and Citizens
2.4 Accession of the EU to the echr
2.5 The Charter of Fundamental Rights of the EU

3 A Foot in the Past: Existing Literature
3.1 Legal Philosophy
3.2 A Renewed Debate on Human Rights
3.3 A Renewed Imagining of the Trial
3.4 Competition Policy
3.5 Competition Policy and Fundamental Rights

PART 2
The Dynamic Evolution of the Right to a Fair Trial

Introduction to Part 2

4 The Right to a Fair Trial
4.1 Formulation and Importance of Article 6(1) echr
4.2 Influence of the Case-law of the ECtHR on Domestic Legislation
4.3 External Influences on the Case-law of the ECtHR

5 Applicability of Article 6(1) ECHR
5.1 Maintaining Pockets of State Sovereignty
5.2 Applicability of Article 6(1) ECHR to “Civil Rights and Obligations”
5.3 Applicability of Article 6(1) ECHR to “Criminal Charges”

6 The Right to a Fair Trial – A Tool for Self-Regulation
6.1 The Process Towards Justiciability
6.2 The Role Played by the Academic Community
6.3 The Zeitgeist
6.4 Cooperation with the ECtHR – Four Possible Models

PART 3
Fair Trial and the Independence of the Commission as the Competition Enforcement Agency of the EU

Introduction to Part 3

7 The Debate on Independence at the Crossroads of the Administrative State, Delegation and IRA s
7.1 The Rise of the Administrative State, Delegation and IRA s
7.2 The UNCTAD
7.3 oecd Roundtable on Changes in Institutional Design of Competition Authorities
7.4 International Competition Network
7.5 Independence of European Regulators
7.6 The European Competition Network
7.7 Empowering NCA s – Directive 1/2019
7.8 The Difficult Case for the Independence of the European Commission

8 The Case-law of the ECtHR on the Right to an Independent and Impartial Tribunal
8.1 Established by Law
8.2 Independence
8.3 Impartiality
8.4 The Relevance of the ECtHR’s Case-Law on Independence and Impartiality

9 The Structure of the European Commission as Enforcer of Competition Law
9.1 The European Commission as a Political Institution
9.2 The European Commission as an Autonomous Bureaucracy

10 The Procedure for Enforcement of Article 101 and 102 tfeu

10.1 The Investigation Phase
10.2 Prohibition Procedure
10.3 Commitments Procedure
10.4 Procedure for Rejection of Complaints
10.5 Settlement Procedures

11The Commission’s Powers of Investigation
11.1 Sanctions
11.2 Leniency
11.3 Sector Inquiries
11.4 Requests for Information
11.5 The Power to Take Statements
11.6 Powers of Inspection

12 Limits on the Commission’s Powers of Investigation
12.1 General Principles of Limitation
12.2 The Rights of the Defence

13 A Risk-Based Framework for Safeguarding the European Commission’s Independence
13.1 Identifying the Risks to Independence in EU Competition Law Proceedings
13.2 Mitigating the Identified Risks

PART 4
Fair Trial and Judicial Review of EU Competition Law

Introduction to Part 4

14 Case-law of the ECtHR on the Right to an Effective Judicial Review
14.1 Judicial Review in Administrative Law Disputes
14.2 Judicial Review in Disputes Involving “Criminal Charges”
14.3 Judicial Review in Banking Law Disputes
14.4 Non-Pecuniary Damage for Breach of the Right to Judicial Review

15Relevance of the ECtHR’s Case-law on the Right to Judicial Review – A Story of Three Models
15.1 Exercise of Administrative Discretion within Polycentric Issues
15.2 Exercise of Administrative Discretion for Monocentric Issues
15.3 Exercise of Administrative Discretion as Policing Power

16 Case-law of EU Courts on the Right to an Effective Judicial Review
16.1 Right to Effective Judicial Protection
16.2 Right to Judicial Review in Competition Law cases – A Matter of Constitutional Design
16.3 Limited Review of Legality – Design by Self-Interpretation
16.4 Unlimited Review of Fines
16.5 Margin of Appreciation of the EU Commission and Unlimited Review of Fines
16.6 The Right to a Fair Legal Process in EU Law

17Is Judicial Review A Cure for Bigness?
17.1 Adjudication and Economic Evidence
17.2 Adjudication and the Administrative Man
17.3 Adjudication, Bias and Monoculture
17.4 Adjudication and Problems of Organized Complexity

Step into the Future: Bigness and Judicial Power
Works Cited
Index