Harmonising dawn raids in a global village: the ECN+ directive and negotiating legal certainty within fragmented european administrative procedure
Administrative procedure remains largely unharmonized in the European Union. One area where the divergent national procedures are particularly visible are unannounced inspections or ‘dawn raids’. They are carried out by national competition authorities to enforce both national competition laws and...
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| Language: | English |
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Universidade Católica Editora
2022-11-01
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| Series: | Market and Competition Law Review |
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| Online Access: | https://revistas.ucp.pt/index.php/mclawreview/article/view/11484 |
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| author | Riina Autio |
| author_facet | Riina Autio |
| author_sort | Riina Autio |
| collection | DOAJ |
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Administrative procedure remains largely unharmonized in the European Union. One area where the divergent national procedures are particularly visible are unannounced inspections or ‘dawn raids’. They are carried out by national competition authorities to enforce both national competition laws and the corresponding EU provisions, notably Articles 101 and 102 of the Treaty on the Functioning of the European Union. Provisions that are similar or even identical are thus being enforced under different procedural rules within the Union. Minimum harmonisation of competition law enforcement is underway with Directive 2019/1 or “ECN+”, as it became known in the early stages of the work towards the actual Directive. This article looks at different views to harmonisation and uneven enforcement and public statements from six EU Member States about the national amendments to implement Directive 2019/1. Dawn raids are always a balancing act between the public interest in uncovering competition infringements and fundamental and human rights, such as the right of defence. This article argues fragmentation poses a threat to legal certainty and does so in an area that routinely overlaps with fundamental and human rights. What is more, the ECN+ Directive may not level the playing field as intended. The current harmonisation efforts may, instead, carry a risk of merely shifting the existing imbalance to other areas of enforcement.
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| format | Article |
| id | doaj-art-78c2c147b5974888ae4e38b17a4e0c52 |
| institution | Kabale University |
| issn | 2184-0008 |
| language | English |
| publishDate | 2022-11-01 |
| publisher | Universidade Católica Editora |
| record_format | Article |
| series | Market and Competition Law Review |
| spelling | doaj-art-78c2c147b5974888ae4e38b17a4e0c522025-01-02T23:23:26ZengUniversidade Católica EditoraMarket and Competition Law Review2184-00082022-11-016210.34632/mclawreview.2022.11484Harmonising dawn raids in a global village: the ECN+ directive and negotiating legal certainty within fragmented european administrative procedureRiina Autio0University of Helsinki, Faculty of Law Administrative procedure remains largely unharmonized in the European Union. One area where the divergent national procedures are particularly visible are unannounced inspections or ‘dawn raids’. They are carried out by national competition authorities to enforce both national competition laws and the corresponding EU provisions, notably Articles 101 and 102 of the Treaty on the Functioning of the European Union. Provisions that are similar or even identical are thus being enforced under different procedural rules within the Union. Minimum harmonisation of competition law enforcement is underway with Directive 2019/1 or “ECN+”, as it became known in the early stages of the work towards the actual Directive. This article looks at different views to harmonisation and uneven enforcement and public statements from six EU Member States about the national amendments to implement Directive 2019/1. Dawn raids are always a balancing act between the public interest in uncovering competition infringements and fundamental and human rights, such as the right of defence. This article argues fragmentation poses a threat to legal certainty and does so in an area that routinely overlaps with fundamental and human rights. What is more, the ECN+ Directive may not level the playing field as intended. The current harmonisation efforts may, instead, carry a risk of merely shifting the existing imbalance to other areas of enforcement. https://revistas.ucp.pt/index.php/mclawreview/article/view/11484Administrative procedureDawn raidsHarmonisationECN Fragmentation |
| spellingShingle | Riina Autio Harmonising dawn raids in a global village: the ECN+ directive and negotiating legal certainty within fragmented european administrative procedure Market and Competition Law Review Administrative procedure Dawn raids Harmonisation ECN Fragmentation |
| title | Harmonising dawn raids in a global village: the ECN+ directive and negotiating legal certainty within fragmented european administrative procedure |
| title_full | Harmonising dawn raids in a global village: the ECN+ directive and negotiating legal certainty within fragmented european administrative procedure |
| title_fullStr | Harmonising dawn raids in a global village: the ECN+ directive and negotiating legal certainty within fragmented european administrative procedure |
| title_full_unstemmed | Harmonising dawn raids in a global village: the ECN+ directive and negotiating legal certainty within fragmented european administrative procedure |
| title_short | Harmonising dawn raids in a global village: the ECN+ directive and negotiating legal certainty within fragmented european administrative procedure |
| title_sort | harmonising dawn raids in a global village the ecn directive and negotiating legal certainty within fragmented european administrative procedure |
| topic | Administrative procedure Dawn raids Harmonisation ECN Fragmentation |
| url | https://revistas.ucp.pt/index.php/mclawreview/article/view/11484 |
| work_keys_str_mv | AT riinaautio harmonisingdawnraidsinaglobalvillagetheecndirectiveandnegotiatinglegalcertaintywithinfragmentedeuropeanadministrativeprocedure |