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Due process in European competition procedure: a fundamental concept or a mere formality?

Lidgard, Hans Henrik LU (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:
author
organization
publishing date
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, processr├Ątt, 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},
  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/ws/files/5433739/4001292.doc},
  year         = {2011},
}