*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. While public economic law has always been at the heart of the practice of constitutional and administrative law, its influence on the theoretical categories of administrative law has been relatively limited. Competition law, for example, continues to be regarded as a highly particular area of law that is often overlooked as public law. As a result of the complexity and specificity of this branch of law, the particular difficulties raised by the legal issues in this area are only rarely addressed from a public law perspective. Nevertheless, there should be a broad consensus on the need for a public law analysis of competition law, particularly when it
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ARTICLE : FUNDAMENTAL RIGHTS - DECENTRALISED IMPLEMENTATION OF EC COMPETITION LAW - SYSTEM OF DOUBLE SUBJECTION - NATIONAL COMPETITION AUTHORITIES
Protection of fundamental rights in the context of decentralised implementation of EC competition law
In connection with the protection of fundamental rights within the context of the decentralised implementation of Community competition law, problems arise with regard to a system of double subjection to the fundamental rights of the Commission, on the one hand, and to those of national competition authorities, on the other. After reviewing the foundations underlying this system, the article addresses the problems of demarcation and application of fundamental rights before setting out the balance-based solution which has been adopted in recent case-law. On this basis, the study examines a number of requirements flowing from fundamental rights with regard to the decentralised enforcement of Community competition law.
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