Alexander Koch

Verwaltungssanktionen im europäischen und niederländischen Verwaltungs- und Kartellrecht

1. Edition 2011
390 pages
ISBN 978-3-89971-879-9
Universitätsverlag Osnabrück at V&R unipress

Schriften zum Europäischen und Internationalen Recht -

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The EU Commission has imposed record-breaking fines on several companies for breaching EU competition law in recent years. The Commission’s policy has been criticized particularly in Germany. By classifying these fines to criminal law, German lawyers apply criminal law standards. This book offers a new perspective by comparing European to Dutch law. In the Netherlands administrative sanctions have been codified recently in the General Administrative Law Act (GALA). This book reveals that Administrative sanctions are treated differently form criminal law sanctions in the GALA. This is particularly important for procedural safeguards such the right to refuse testimony and the legal professional privilege. Considering the importance of art. 6 ECHR this comparison leads to a re-evaluation of EU competition law sanctions.

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Schriften zum Europäischen und Internationalen Recht