The double helix of rule of law and EU competition law: An appraisal |
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| Authors: | Maciej Bernatt |
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| Institution: | 1. Dr (habil.) Maciej Bernatt, Associate Professor of Law at the University of Warsaw (profesor uczelni), Director of the Centre for Antitrust and Regulatory Studies, Faculty of Management, University of Warsaw;2. email: m.bernatt@uw.edu.pl, ORCID: 0000-0001-8943-3600. The reflections presented in this article are based on the author's monograph, M. Bernatt, Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System (Cambridge University Press, 2022), <3. https://www.cambridge.org/core/books/populism-and-antitrust/3619BEAF21AE0EA9A6F7AFA015670C3C>4. . The author has nothing to disclose within the meaning of the ASCOLA Transparency and Disclosure Declaration <5. https://ascola.org/declaration-of-ethics/>6. . The author is grateful to Marta Sznajder for her technical assistance and to Karine Caunes for her suggestions on how to improve the article. |
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| Abstract: | By discussing the experiences of Hungary and Poland, this article aims to demonstrate that there are three layers of the rule of law which are relevant for EU competition law. The first one is external: it relates to the legal system of EU Member States of which competition law is a part. In national legal systems, rule of law safeguards need to be put in place in order to provide an adequate legal environment for the competition law system to perform its role. The second one is internal: it concerns rule of law safeguards in relation to the Member States' competition authorities, in particular their independence. The third one is consequential: the weakening of the rule of law within the external and internal layers affects the proper functioning of the competition law system. As a result, the effectiveness of Articles 101 and 102 TFEU is endangered, and a vicious circle of mutually reinforcing competition law and rule of law crises unfolds. |
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