Legal certainty and cartel criminalisation within the EU member states

Whelan, Peter (2012) Legal certainty and cartel criminalisation within the EU member states. The Cambridge Law Journal, 71 (3). pp. 677-702. ISSN 0008-1973

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Abstract

There is a trend within the EU Member States to introduce criminal sanctions for cartel activity. Such criminalisation must respect the human rights of the accused. Unfortunately the literature on cartel criminalisation pays scant regard to the investigation of human rights issues. A comprehensive analysis of the impact of the principle of legal certainty (Article 7 ECHR) upon cartel criminalisation in the EU Member States is conspicuously absent from the literature. This article rectifies this deficiency by examining how this particular principle of European human rights law may impact upon the concept, substance and existence of a criminal cartel offence.

Item Type:	Article
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Julie Frith
Date Deposited:	19 Feb 2013 13:50
Last Modified:	28 Mar 2025 02:40
URI:	https://ueaeprints.uea.ac.uk/id/eprint/41371
DOI:	10.1017/S0008197312000864

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