The double helix of rule of law and EU competition law: An appraisal

IF 1.4 2区 社会学 Q1 LAW European Law Journal Pub Date : 2022-06-01 DOI:10.1111/eulj.12422
Maciej Bernatt
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引用次数: 2

Abstract

By discussing the experiences of Hungary and Poland, this article aims to demonstrate that there are three layers of the rule of law which are relevant for EU competition law. The first one is external: it relates to the legal system of EU Member States of which competition law is a part. In national legal systems, rule of law safeguards need to be put in place in order to provide an adequate legal environment for the competition law system to perform its role. The second one is internal: it concerns rule of law safeguards in relation to the Member States' competition authorities, in particular their independence. The third one is consequential: the weakening of the rule of law within the external and internal layers affects the proper functioning of the competition law system. As a result, the effectiveness of Articles 101 and 102 TFEU is endangered, and a vicious circle of mutually reinforcing competition law and rule of law crises unfolds.

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法治与欧盟竞争法的双螺旋:评析
通过讨论匈牙利和波兰的经验,本文旨在证明欧盟竞争法的法治有三个层面。第一个是外部的:它涉及到以竞争法为组成部分的欧盟成员国的法律体系。在国家法律制度中,需要建立法治保障,以便为竞争法制度发挥作用提供适当的法律环境。第二个问题是内部的:它涉及与成员国竞争当局有关的法治保障,特别是其独立性。其三是后果性的:外部和内部的法治弱化影响了竞争法律制度的正常运行。因此,《欧盟竞争法》第101条和第102条的效力受到了威胁,形成了竞争法与法治危机相互促进的恶性循环。
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来源期刊
CiteScore
2.10
自引率
21.10%
发文量
13
期刊介绍: The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.
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