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.
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.
Introduction, Dawid Misik; 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 Sotys; 3: The
consequences of the failure to observe European general principles and
fundamental rights in national fining proceedings, Dawid Misik, Rafa
Podzik; 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?, ukasz Prus; 6: The
principles of equality and non-discrimination in fining proceedings, Monika
Domaska; 7: The principle of proportionality and assessment of national
fines, Dawid Misik; 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-Baczyk; 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
Kunicka-Baszkowska; 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 Misik
Dawid Misik is an Adjunct Professor at the Department of European Law at the Institute of Law Studies, Polish Academy of Sciences, Poland, and a Judge of the Polish Supreme Court in the Chamber of Labour and Social Security.
