Competition enforcement, regulation and civil justice: What is the case?

Article Abstract:

The Green Paper on damages for breach of competition law in Europe raises a series of important issues about European policy on competition, its regulation, enforcement, and the potential impact on European civil justice systems. The main objective is to facilitate the bringing of claims for damages for breach of European competition law and accordingly, the commission maintains that the right to institute a claim would reside with every person who has suffered damage as a consequence of a defendant's breach of competition law.

International economic relations, Trade policy, Fair trade laws

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The constitutional implications of mutual recognition in criminal matters in the EU

Article Abstract:

The challenges faced by Member States of the European Union (EU) are explored by focusing on the application of mutual recognition in criminal matters and the specific measures adopted, its implication and interpretation by national constitutional courts. It is suggested that the operation of mutual recognition in the field of criminal law, closely linked with State sovereignty and legitimacy, and the protection of fundamental rights, have significant implications both for national legal system and for EU law as such.

Criminal law

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Judicial implementation of directives and anticipatory indirect effect: Connecting the dots

Article Abstract:

Anticipatory indirect effect requires national courts to consult a directive to instruct the construction of national law even before the expiry of the transposition term. They are not obliged, however, to discount all other results of an interpretation for the purpose of consistency and this important qualification limits the impact that anticipatory indirect effect may have on legal relationships in Member States to counter concerns about legal certainty.

Judge-made law

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