European Commission and Member States Parallel Competence to Apply EU Competition Law Provisions in the Context of the ne bis in idem Principle (article in Lithuanian)

Justina Nasutavičienė

Abstract


Ne bis in idem principle (or non bis in idem), as enshrined in Article 4 of Protocol 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, prohibits the liability to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of the State. The European Union Charter of Fundamental Rights repeats a similar ban extending its scope – those acts are prohibited not only in the territory of one Member State but across the whole EU. However, under Regulation 1/2003 Member States' competition authorities and courts in some cases are bound to apply article 101 or 102 of the Treaty on the Functioning of the European Union. Therefore, the Commission, the competition authorities and courts of the 27 Member States share parallel jurisdiction of EU competition law.

Keywords


EU competition law; European Court of Human Rights; the ne bis in idem (non bis in idem) principle; parallel competence; allocation of cases; European Competition Network

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236