Competition Enforcement Models in the Western Balkans Countries – The Rule of Law Still Terra Incognita? Cover Image

Competition Enforcement Models in the Western Balkans Countries – The Rule of Law Still Terra Incognita?
Competition Enforcement Models in the Western Balkans Countries – The Rule of Law Still Terra Incognita?

Author(s): Dijana Marković-Bajalović
Subject(s): Constitutional Law, Politics and law, Comparative politics, EU-Accession / EU-DEvelopment, EU-Legislation, Comparative Law, Administrative Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: competition enforcement models; the administrative model of competition enforcement; Directive 2019/1; stabilisation and association agreement; Western Balkan countries; the rule of law;

Summary/Abstract: The administrative model of competition law enforcement is the prevailing model in the EU Member States. Although Member States are free to choose between the administrative and the judicial model or their combination, many of them opted for the administrative model taking the EU model as an example. The same is valid for the candidate and potential candidate states of Western Balkans. The new Directive 2019/1 deals with the issue of safeguarding the fundamental rights in competition proceedings in general terms only, while stabilisation and association agreements lay down the rule of law as a fundamental principle, but do not say much regarding the features of the competition enforcement model. Candidate countries did not consider the rule of law requirements when designing their competition enforcement models. Competition authorities combine investigative and decision-making powers, preventing them from impartial decision-making. Rules on the appointment, that is, election of members of decision-making bodies, and the limited term of office, made competition authorities susceptible to political influence. Administrative courts are in charge of disputes initiated against decisions of competition authorities in the second instance.

  • Issue Year: 13/2020
  • Issue No: 22
  • Page Range: 27-66
  • Page Count: 40
  • Language: English