Legal Certainty and Cartel Criminalisation within the EU Member States

There is a trend within the EU Member States to introduce criminal sanctions for cartel activity. Such criminalisation must respect the human rights of the accused. Unfortunately the literature on cartel criminalisation pays scant regard to the investigation of human rights issues. A comprehensive a...

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Bibliographic Details
Published in:Cambridge law journal 2012-11, Vol.71 (3), p.677-702
Main Author: Whelan, Peter
Format: Article
Language:English
Subjects:
Antitrust
Antitrust law
Cartels
Common law
Criminal investigations
Criminal justice
Criminal law
Criminal sanctions
Criminality
Criminals
Europe
European Court of Human Rights
European Union
Fraud
Honesty
Human rights
Law
Member states
Price fixing
Sanctions
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Summary:There is a trend within the EU Member States to introduce criminal sanctions for cartel activity. Such criminalisation must respect the human rights of the accused. Unfortunately the literature on cartel criminalisation pays scant regard to the investigation of human rights issues. A comprehensive analysis of the impact of the principle of legal certainty (Article 7 ECHR) upon cartel criminalisation in the EU Member States is conspicuously absent from the literature. This article rectifies this deficiency by examining how this particular principle of European human rights law may impact upon the concept, substance and existence of a criminal cartel offence.
ISSN:0008-1973
1469-2139
DOI:10.1017/S0008197312000864