The Enforcement of Competition Law in Europe (The Common Core of European Private Law)
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Quality matters. Sort by Publication date. Publication date: September 13, September pp. Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law. The question remains, however, if these efforts have turned private international law into a truly European field? Publication date: July 31, July pp. This book analyses the background, scope and practical impact of bilateral treaties and multilateral conventions concluded by selected Member States of the European Union with Third States, both from the European and the Third State perspective.
Publication date: July 5, For a millennium, Roman Law has been part and parcel of the Western legal canon. The complete evolution of Roman law scholarship is reflected in the discussions of one single problem. Austria argued that the combination of these two measure factually amounts to an indirect discrimination of EU citizens when they use German highways.
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This was the wake-up call for the EU, which prompted it to reconsider its policies towards the Asian superpower. The BRI is a transcontinental endeavour, launched in , which is centred around infrastructure investment and aims at promoting projects that foster regional cooperation, development, and connectivity. The Hague, November Deadline for abstract submissions: 30 June Maastricht University Brussels Campus, July Registration necessary.
Asser Institute, The Hague, 11 December Deadline for abstract submissions: 15 July Budapest, December Currently pending before the CJEU is a fundamental issue regarding the assessment of environmental effects of major projects: Should their impacts only be reassessed when construction takes place? EIA is an essential procedure to prevent environmental impacts at source and to allow for public participation in decision-making.
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Since many major industrial facilities, such as energy infrastructure, operate over many years, the question as to when an EIA obligation arises for existing facilities is of crucial importance. Next to posing intricate legal questions concerning the EU legal order, the case is therefore of great practical relevance to environmental protection in Europe. As Ankersmit details in his blogpost , the request for an opinion had been part of a widely known quarrel within Belgian internal politics, with Wallonia demanding the Belgium government to expressly consult the Court of Justice of the European Union CJEU on the legal merits of that agreement.
Respecting that decision from its regional parliament, Belgium asked the CJEU, among other things, whether such an agreement was compatible with the principle of autonomy of the EU. The argument I put forth is as simple as it is controversial: autonomy, due to its abstract characteristics, is often subject to power injections leading to incoherent interpretations depending on the subject-matter at hand. By Sterre van Campen and Rebecca Poort. As for now, the United Kingdom will leave the European Union on 31 October , unless a withdrawal agreement is ratified before this date.
There have been reports of requests from non-EU trade partners for the UK to lower its human rights standards and to soften its food standards once it is out of the EU.
The Common Core of European Private Law, Essays on the Project | Wolters Kluwer Legal & Regulatory
In this post, we argue that despite the pressures, the UK does not diverge from the normative approach that the EU takes in its post-Brexit trade agreements. By Kim Rust The attribution of regional free movement rights is not a European phenomenon. Share this: Facebook Twitter LinkedIn. Background The ECI was introduced with the Lisbon Treaty and constitutes the first supranational tool of participatory democracy. By Valentin Vandendaele Lawyers, engineers, architects, and other liberal professions, i.
There must be no satisfactory alternative, the derogation must not be detrimental to the maintenance of the population at favourable conservation status in their natural range and derogations may only be applied for specific reasons, in summary: in the interests of protecting wild flora and fauna and conserving natural habitats; to prevent serious damage to crops, livestock, forests, fisheries and water; in the interests of public health and public safety, or for other imperative reasons of overriding public interest; for the purposes of research or education, for example for repopulation or reintroduction; to allow, under strictly supervised conditions, on a selective basis and to a limited extent, the taking or keeping of certain specimens in limited numbers specified by the competent national authorities.
By Segismundo Alvarez In an increasingly changing and global business environment, companies need to be able to reorganise, also internationally, through cross border, mergers, divisions and conversions. By Paolo Cavaliere The case of Glawischnig-Piesczek v Facebook offers the opportunity for the Court of Justice to clarify the personal and material scope of monitoring obligations that may be imposed on Internet intermediaries, i. By Sebastian Bechtel Currently pending before the CJEU is a fundamental issue regarding the assessment of environmental effects of major projects: Should their impacts only be reassessed when construction takes place?
Between January and March , the EU adopted administrative fines to cartels on infringing undertakings and 11 abuse of dominance decisions. Upon the evaluation of this information, it can be said that nowadays fines has been reached the billion Euro level, as tens of millions sound routine and hundreds of millions seem severe and significant.
From to , individual convicted for antitrust violations and out of this total, individual were sentenced . On another hand, in , 18 antitrust offenders were sentenced to a total of 13, days in prison. Following these fines, it can be emphasised that the US concentrates obviously monetary redress and recovers damage of their citizens. When examining prison sentences, the average jail sentence was 8 months in the s. However, it increased in the time and reached 10 months in The longest sentence in was 15 months, 18 months in and 21 months in Between the and , antitrust offenders were exposed over years of imprisonment.
In , courts imposed 45 prison terms with an average sentence of just over two years. Also, the EU and the US have been operating leniency programmes which companies are encouraged to report o anticompetitive conduct in exchanging for getting immunity or reduced fines. In the light of figures mentioned above, certain conclusions appear. Another vital point is the individual liability in the EU, as it does not allow a prison sanction on individuals.
Nevertheless, administrative fines have increased over the time both in EU and in US. According to Wils, certain points should be taken into consideration. Imposition of high fines may have some undesirable effects: salaries of employees may cut down; the cost of fines may pass to the consumers in the form of higher prices.
The deterrence can be achieved only by accepting a combination of admin fines and prison sanction for individuals like the UK. Nowadays, is an individual liability is taken seriously in the EU member countries.
Consequently, as the prison sentences increased in US, prison sanctions are an effective deterrent and carry a strong moral message for society, but it should be used only for hard-core infringements. Sanctions should be part of all legal regimes, and this is true for Competition law . In order to prevent severe harm, which can be caused by Competition law infringements, sanctions for such infringements must be adequately strict to ensure deterrence.
In that point, the EU and the US have been following differences approaches because of their differences in legal systems. As US, antitrust enforcement is well known for its use of, prison sanctions against individuals, from fines to imprisonment, while imprisonment is absent in the EU; it can impose only administrative fines on undertakings. Moreover, the EC has been imposing increasing administrative fines on undertakings. In that point, the effective efficiency of the EU antitrust fining system has been criticised from its exclusive focus on undertakings. Moreover, the absence of prison sanctions cannot be corrected by increasing administrative fines.
As a solution, effective deterrence requires to adopt a combination of administrative fines and criminal penalties for individuals.
In this way, possible imposed sanctions on individuals make employees more hesitant to breach competition law.