The Right to a Court in Cases of Administrative Liability of a Penal Character in the Field of the Protection of Financial Markets and Competition in German, French and English Law

Abstract

The right to a court (right to a fair trial) is regarded as a foundation of the rule of law. With regard to liability for offenses which do not belong to the so-called core of criminal law, the European Court of Human Rights has accepted the adjudication on this liability by an administrative authority. However, the requirement of compliance with Article 6 (1) of the European Convention on Human Rights is designed to ensure full judicial review of the administrative authority’s decision(s). The aim of the article is to examine whether and how the solutions adopted in German, French and English law meet the standards in relation to administrative liability of a penal character. This study will concentrate on the character of the administrative authorities’ decisions regarding such liability and the scope of judicial review of such administrative decisions in the field of the protection of financial markets and competition.