The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard
This paper analyses the jurisprudence of the European Court of Human Rights on the rights of defence as enshrined in Article 6 of the European Convention on Human Rights. In particular, it assesses Strasbourg jurisprudence on the right to be heard and on the right to access documents. The paper cons...
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| Format: | Article |
| Language: | English |
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University of Warsaw
2014-12-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
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| Online Access: | https://yars.wz.uw.edu.pl/images/yars2014_7_10/09.pdf |
| Summary: | This paper analyses the jurisprudence of the European Court of Human Rights on the rights of defence as enshrined in Article 6 of the European Convention on Human Rights. In particular, it assesses Strasbourg jurisprudence on the right to be heard and on the right to access documents. The paper considers whether the practice in EU competition law procedures complies with the fair trial standards that follow from Strasbourg judgments. Based on this assessment, the paper provides an answer to the question whether there is an overcompensation or undercompensation of fundamental rights protection in EU competition law procedures. |
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| ISSN: | 1689-9024 2545-0115 |