Marc Veenbrink – författare

Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law.

Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings:

freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions.

The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings.

The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters.

Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law.

Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings:

freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions.

The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings.

The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters.

This book is a follow-up to The Changing Legal Framework for Services of General Interest in Europe — Between Competition and Solidarity. The contributions in the current book take stock of the developments regarding such services. Furthermore, key concepts and principles relevant to contemporary issues are explored. Confirming the significance of Services of General Interest (SGIs) in EU law, the earlier volume concluded that the concept contributes to shaping a framework for the functioning of public services that balances the benefits of competition with the principles of solidarity. This volume aims to take stock of and critically assess recent noteworthy developments. To that end, the analysis focuses on developments in healthcare, digitalization, and sustainability.Over the years, numerous SG(E)I cases have emerged in the healthcare sector, reflecting its central role in national social welfare systems, while the digitalisation transition has also significantly impacted modern societies, not expcepting SGIs. In light of the pressing global challenges, sustainability is now a key priority, and its implications for SGIs are likewise examined.This edited volume is aimed at academics, practitioners, government officials and policymakers dealing with EU affairs.Narine Ghazaryan is an Assistant Professor of International and European Law in the Department of International and European Law of the Faculty of Law of the Radboud University, Nijmegen, The Netherlands.Johan van de Gronden is a professor of European Law in the Department of International and European Law of the Faculty of Law of the Radboud University, Nijmegen, The Netherlands and State Counsellor in extraordinary service at the Dutch Council of State.Simon Tans is a Lecturer in Environmental Law at the Law Group at Wageningen University, Wageningen, The Netherlands.Marc Veenbrink is an Assistant Professor of European Law in the Department of International and European Law of the Faculty of Law of the Radboud University, Nijmegen, The Netherlands.