Advanced

The Presumption of Innocence: A Legal Spectroscope for Article 101 TFEU

Naka, Vasileia LU (2018) JAEM03 20181
Department of Law
Faculty of Law
Abstract (Swedish)
This thesis examines the enforcement of art 101 TFEU by the European Commission
through the lens of the Charter, in particular, art 48(1) thereof which provides for the presumption of innocence. The fact that the
fines imposed by the Commission in competition proceedings are considered to be
‘criminal charges’ by the ECtHR seems to have been settled for quite some time now.
Granted, the EU has not acceded yet to the ECHR and, thus, the CJEU is not officially
bound by the Strasbourg organs’ jurisprudence. Nonetheless, the Charter which is now
binding upon the Commission is modelled upon the ECHR and its rights corresponding
to the ones enshrined in the ECHR have, explicitly, the same scope and meaning.1
Furthermore, the CJEU and the... (More)
This thesis examines the enforcement of art 101 TFEU by the European Commission
through the lens of the Charter, in particular, art 48(1) thereof which provides for the presumption of innocence. The fact that the
fines imposed by the Commission in competition proceedings are considered to be
‘criminal charges’ by the ECtHR seems to have been settled for quite some time now.
Granted, the EU has not acceded yet to the ECHR and, thus, the CJEU is not officially
bound by the Strasbourg organs’ jurisprudence. Nonetheless, the Charter which is now
binding upon the Commission is modelled upon the ECHR and its rights corresponding
to the ones enshrined in the ECHR have, explicitly, the same scope and meaning.1
Furthermore, the CJEU and the ECtHR have had a long-standing tradition tending to
convergence as regards their jurisprudence in human rights. The research demonstrates
that the presumption of innocence (hereinafter PI), except for its dimension as a human
right which presents much perplexity, is also a legal rule of evidence within the
common law understanding. This purpose of the PI does not seem to have attracted
much of the ECtHR’s attention throughout the years; however, in the author’s view,
there is an overlap between some of the PI’s corollaries as an evidential rule and the
procedural corollaries of the PI as a human right which are, in fact, extensively
developed in the ECtHR’s jurisprudence. Finally, the research reflects on the
compatibility of the enforcement of art 101 TFEU with the PI as a rule of evidence
enshrined in the Charter. (Less)
Please use this url to cite or link to this publication:
author
Naka, Vasileia LU
supervisor
organization
course
JAEM03 20181
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Presumption of Innocence, Competition, Corporate rights, Criminal sanctions
language
English
id
8965941
date added to LUP
2019-01-14 15:29:13
date last changed
2019-01-14 15:29:13
@misc{8965941,
  abstract     = {This thesis examines the enforcement of art 101 TFEU by the European Commission
through the lens of the Charter, in particular, art 48(1) thereof which provides for the presumption of innocence. The fact that the
fines imposed by the Commission in competition proceedings are considered to be
‘criminal charges’ by the ECtHR seems to have been settled for quite some time now.
Granted, the EU has not acceded yet to the ECHR and, thus, the CJEU is not officially
bound by the Strasbourg organs’ jurisprudence. Nonetheless, the Charter which is now
binding upon the Commission is modelled upon the ECHR and its rights corresponding
to the ones enshrined in the ECHR have, explicitly, the same scope and meaning.1
Furthermore, the CJEU and the ECtHR have had a long-standing tradition tending to
convergence as regards their jurisprudence in human rights. The research demonstrates
that the presumption of innocence (hereinafter PI), except for its dimension as a human
right which presents much perplexity, is also a legal rule of evidence within the
common law understanding. This purpose of the PI does not seem to have attracted
much of the ECtHR’s attention throughout the years; however, in the author’s view,
there is an overlap between some of the PI’s corollaries as an evidential rule and the
procedural corollaries of the PI as a human right which are, in fact, extensively
developed in the ECtHR’s jurisprudence. Finally, the research reflects on the
compatibility of the enforcement of art 101 TFEU with the PI as a rule of evidence
enshrined in the Charter.},
  author       = {Naka, Vasileia},
  keyword      = {Presumption of Innocence,Competition,Corporate rights,Criminal sanctions},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Presumption of Innocence: A Legal Spectroscope for Article 101 TFEU},
  year         = {2018},
}