Full Description
This book examines the interface between EU primary law and national substantive and procedural legislation governing fines imposed by Member States for breaches of European law or national implementing legislation. It focuses on analysing the general principles of EU law and the European fundamental rights enshrined in the Charter of Fundamental Rights of the European Union. It explains the links between EU law and national fining legislation or proceedings that trigger the duty to respect EU primary law. It covers the concepts of consistent interpretation, the primacy of EU law, and the effectiveness of European fundamental rights and general principles from the perspective of national fining proceedings and the protection of individuals. The collection discusses the following principles and fundamental rights: the principle of legal certainty, the principle of protection of legitimate expectations, the principles of equal treatment and non-discrimination, the principle of proportionality, the principle of ne bis in idem, the principle of good administration, and the right to an effective remedy. Each principle or fundamental right has been analysed coherently, with the focus on the rights of individuals and the duties of national administrative authorities and courts in the course of national fining proceedings. It also explores the interdependencies between various principles and rights, as well as some specific problems in this area that have occurred in Poland thus showing the practical importance of the research, or issues that are common to all Member States irrespective of differences in national procedures and fining provisions. The volume will be a valuable resource for researchers, academics and policy-makers working in the areas of EU law, Administrative Law and Comparative Law.
Contents
Introduction, Dawid Miąsik; Part 1 Enforcement of EU law at the national level by fines - General Issues; 1: Duty to respect the EU general principles of law and fundamental rights in national fining proceedings, Monika Szwarc; 2: The principle of consistent interpretation: Its application and limitations in national fining proceedings, Agnieszka Sołtys; 3: The consequences of the failure to observe European general principles and fundamental rights in national fining proceedings, Dawid Miąsik, Rafał Poździk; Part 2 Application of specific general principles of EU law in national fining proceedings; 4: Principle of legal certainty - Does it really limit the effectiveness of EU law in national fining proceedings?, Dagmara Kornobis-Romanowska; 5: The principle of the protection of legitimate expectations - Still more promising than delivering?, Łukasz Prus; 6: The principles of equality and non-discrimination in fining proceedings, Monika Domańska; 7: The principle of proportionality and assessment of national fines, Dawid Miąsik; 8: The principle of ne bis in idem principle - A protection against disproportionate penalty - A new version of old principle, Kamil Kapica; 9: Principle of good administration: How the general principles of EU law supplement the Charter of Fundamental Rights in national fining proceedings, Inga Kawka; 10: Principle of rights of defence - Between procedural autonomy and effectiveness of EU fundamental rights in national fining proceedings, Krystyna Kowalik-Bańczyk; 11: Right to an effective remedy - A judicial right binding administrative authorities, Michalina Szpyrka; Part 3 Enforcement of EU law at the national level by fines - Specific problems and case studies; 12: Principle of legal certainty in addressing novel anticompetitive abuses of a dominant position in the digital economy: What should the role of antitrust authorities be in imposing fines?, Artur Szmigielski; 13: Mitigation of fines by national data protection authorities: A case study of Bisnode - III OSK 2538/21, Dominika Kuźnicka-Błaszkowska; 14: The ne bis in idem principle and the legal liability of natural persons for bid rigging (The case of Polish competition and criminal law), Grzegorz Materna; Conclusions - Towards a common standard in national fining proceedings, Dawid Miąsik
