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 |
| Subjects: | |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2014_7_10/09.pdf |
| _version_ | 1818192566330327040 |
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| author | Elsbeth Beumer |
| author_facet | Elsbeth Beumer |
| author_sort | Elsbeth Beumer |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-12T00:32:32Z |
| format | Article |
| id | doaj.art-ef469767191149ec8df6701354a81a99 |
| institution | Directory Open Access Journal |
| issn | 1689-9024 2545-0115 |
| language | English |
| last_indexed | 2024-12-12T00:32:32Z |
| publishDate | 2014-12-01 |
| publisher | University of Warsaw |
| record_format | Article |
| series | Yearbook of Antitrust and Regulatory Studies |
| spelling | doaj.art-ef469767191149ec8df6701354a81a992022-12-22T00:44:27ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152014-12-01710934The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be HeardElsbeth BeumerThis 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.https://yars.wz.uw.edu.pl/images/yars2014_7_10/09.pdfarticle 6 echrarticle 47 charterarticle 41 charterfundamental rights as a general principle of eu lawpublic enforcementdefence rightsright to be heardright to access documents |
| spellingShingle | Elsbeth Beumer The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard Yearbook of Antitrust and Regulatory Studies article 6 echr article 47 charter article 41 charter fundamental rights as a general principle of eu law public enforcement defence rights right to be heard right to access documents |
| title | The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard |
| title_full | The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard |
| title_fullStr | The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard |
| title_full_unstemmed | The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard |
| title_short | The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard |
| title_sort | interaction between eu competition law procedures and fundamental rights protection the case of the right to be heard |
| topic | article 6 echr article 47 charter article 41 charter fundamental rights as a general principle of eu law public enforcement defence rights right to be heard right to access documents |
| url | https://yars.wz.uw.edu.pl/images/yars2014_7_10/09.pdf |
| work_keys_str_mv | AT elsbethbeumer theinteractionbetweeneucompetitionlawproceduresandfundamentalrightsprotectionthecaseoftherighttobeheard AT elsbethbeumer interactionbetweeneucompetitionlawproceduresandfundamentalrightsprotectionthecaseoftherighttobeheard |