<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Fines levied on individuals, including entrepreneurs, are measures of vital importance for securing the effectiveness of EU law. They are primarily imposed by national administrative authorities who apply national laws. Those authorities must respect the EU’s fundamental rights during national fining proceedings following the <italic>Fransson</italic> and <italic>Pfleger</italic> formulas. They must also respect the general principles of EU law. These rights and principles shield individual entrepreneurs against arbitrary and unlawful activities by national authorities. They determine whether an individual can be fined, how high a fine is legitimate and how the fining proceedings should be conducted.</p>
</abstract>

Fines levied on individuals, including entrepreneurs, are measures of vital importance for securing the effectiveness of EU law. They are primarily imposed by national administrative authorities who apply national laws. Those authorities must respect the EU’s fundamental rights during national fining proceedings following the Fransson and Pfleger formulas. They must also respect the general principles of EU law. These rights and principles shield individual entrepreneurs against arbitrary and unlawful activities by national authorities. They determine whether an individual can be fined, how high a fine is legitimate and how the fining proceedings should be conducted.

The Duty of National Administrative Authorities to Respect the EU’s Fundamental Rights in Fining Proceedings and the Consequences Thereof

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Fines levied on individuals, including entrepreneurs, are measures of vital importance for securing the effectiveness of EU law. They are primarily imposed by...

The Duty of National Administrative Authorities to Respect the EU’s Fundamental Rights in Fining Proceedings and the Consequences Thereof

Published Online: Dec 12, 2023

Page range: 35 - 51

Received: Mar 31, 2023

Accepted: Sep 08, 2023

DOI: https://doi.org/10.15290/bsp.2023.28.04.02

Keywords
Charter of Fundamental Rights, implementing EU law, general principles of EU law, national administrative authorities, national fining proceedings, sanctions

© 2023 Dawid Miąsik et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Duty of National Administrative Authorities to Respect the EU’s Fundamental Rights in Fining Proceedings and the Consequences Thereof

Published Online: Dec 12, 2023

Page range: 35 - 51

Received: Mar 31, 2023

Accepted: Sep 08, 2023

DOI: https://doi.org/10.15290/bsp.2023.28.04.02

KeywordsCharter of Fundamental Rights, implementing EU law, general principles of EU law, national administrative authorities, national fining proceedings, sanctions

© 2023 Dawid Miąsik et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
Charter of Fundamental Rights, implementing EU law, general principles of EU law, national administrative authorities, national fining proceedings, sanctions