Title: The application of financial penalties in EU and Polish competition law in the light of the requirements of human rights protection
Author: Adam Doniec
Series: Textbooks and Monographs (20)
Publisher: University of Warsaw Faculty of Management Press
Place of publishing: Warsaw
Year of publishing: 2016
ISBN: 978-83-65402-14-1

Stosowanie kar pieniężnych
w unijnym i polskim prawie konkurencji w świetle wymogów ochrony praw człowieka The subject of this book is a legal analysis of norms regulating the application of EU and Polish competition law financial penalties in the light of the requirements of human rights protection. The basic aim of the book is the answer to the question if human rights are being respected in the EU and Polish systems of the application of competition law financial penalties. In order to give an answer to that question the author presents the meaning and the scope of the selected human rights, and then (after a short analysis of the norms regulating the application of EU and Polish competition law financial penalties) he presents the potential threats to the protection of human rights which might occur in the EU and Polish system of the application of competition law financial penalties. The aforementioned analysis lets the author draw the conclusion that the existing EU and Polish systems of the application of competition law financial penalties require changes, and how significant those changes should be in order to meet the standards of protection of the chosen human rights. The following human rights are being analysed: principle of legal certainty, principle of equality, right to an effective remedy, right to a fair trial and right not to be tried or punished twice (ne bis in idem/double jeopardy). In the last part the author considers if the criminalisation of competition law might be the right way to remedy the existing deficiencies.