Due process in European competition procedure: a fundamental concept or a mere formality?
(2011) p.403-421- Abstract
- Europeans have long taken a relaxed approach to due process requirements. Mere formalities should not prevent an efficient implementation of competition law, but rather be practical and foreseeable. With the Lisbon Treaty things are changing. A fair process and equality of arms based on fundamental human rights stipulations require that procedural safeguards are ensured. Recent case law development confirms that these matters are given higher priority. Changes in the institutional organization are also called for.
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/4001291
- author
- Lidgard, Hans Henrik LU
- organization
- publishing date
- 2011
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- fair process, due process, procedural safeguards, competition law, human rights, equality of arms, processrätt, civil and criminal procedure
- host publication
- Constitutionalising the EU judicial system : essays in honour of Pernilla Lindh
- editor
- Cardonnel, Pascal ; Rosas, Allan and Wahl, Nils
- pages
- 403 - 421
- publisher
- Hart Publishing Ltd
- ISBN
- 9781849463362
- language
- English
- LU publication?
- yes
- id
- 71fa2fb0-dd1c-4b12-bae8-4bf79038ce4c (old id 4001291)
- date added to LUP
- 2016-04-04 09:59:21
- date last changed
- 2018-11-21 20:56:03
@inbook{71fa2fb0-dd1c-4b12-bae8-4bf79038ce4c, abstract = {{Europeans have long taken a relaxed approach to due process requirements. Mere formalities should not prevent an efficient implementation of competition law, but rather be practical and foreseeable. With the Lisbon Treaty things are changing. A fair process and equality of arms based on fundamental human rights stipulations require that procedural safeguards are ensured. Recent case law development confirms that these matters are given higher priority. Changes in the institutional organization are also called for.}}, author = {{Lidgard, Hans Henrik}}, booktitle = {{Constitutionalising the EU judicial system : essays in honour of Pernilla Lindh}}, editor = {{Cardonnel, Pascal and Rosas, Allan and Wahl, Nils}}, isbn = {{9781849463362}}, keywords = {{fair process; due process; procedural safeguards; competition law; human rights; equality of arms; processrätt; civil and criminal procedure}}, language = {{eng}}, pages = {{403--421}}, publisher = {{Hart Publishing Ltd}}, title = {{Due process in European competition procedure: a fundamental concept or a mere formality?}}, url = {{https://lup.lub.lu.se/search/files/5433739/4001292.doc}}, year = {{2011}}, }