2016
Adriana ALMĂȘAN, Ștefan BOGREA, The application of Article 8 of the European Convention on Human Rights to Legal Persons in the Investigations of the Romanian Competition Council
Abstract:
EU Member States must respect and apply EU Law and are
held by the case law of the European Court of Human Rights. Competition law
makes no exception. Lawmakers in EU Member States and national competition
authorities themselves must be aware of ECHR case law in order to correctly
apply ECHR specific norms and national law in general. The case law of the
European Court of Human Rights is applicable at all times in the administrative
procedure of the Romanian Competition Council, and, as such, cannot be ignored.
Key-words: competition law; human rights law; Romanian Competition Council; competition investigations; dawn raid; in-house lawyer.
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