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

<p>Since 1989, the Court of Justice of the European Union has recognised a privilege against self-incrimination for undertakings subject to public enforcement procedures on the basis of Articles 101 and 102 TFEU. That privilege forms part of the fundamental rights of the defence. Over time, the privilege has been read into Article 6 ECHR and has gained ground in other domains of EU law as well. Against that background, the question arises as to whether the CJEU’s original case law in the field of EU competition law needs to be updated. This paper revisits that case law by comparing it with developments in the context of the ECHR and in other domains of EU law. It argues that, in light of those developments, a case law update may indeed prove necessary. However, such an update alone would not sufficiently address the practical difficulties currently surrounding the application of the privilege in practice. For that, more coordinated legislative action would be warranted.</p>
</abstract>

Since 1989, the Court of Justice of the European Union has recognised a privilege against self-incrimination for undertakings subject to public enforcement procedures on the basis of Articles 101 and 102 TFEU. That privilege forms part of the fundamental rights of the defence. Over time, the privilege has been read into Article 6 ECHR and has gained ground in other domains of EU law as well. Against that background, the question arises as to whether the CJEU’s original case law in the field of EU competition law needs to be updated. This paper revisits that case law by comparing it with developments in the context of the ECHR and in other domains of EU law. It argues that, in light of those developments, a case law update may indeed prove necessary. However, such an update alone would not sufficiently address the practical difficulties currently surrounding the application of the privilege in practice. For that, more coordinated legislative action would be warranted.

The Privilege against Self-Incrimination in EU Competition Law: Time for a Case Law Update?

Białostockie Studia Prawnicze

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

Since 1989, the Court of Justice of the European Union has recognised a privilege against self-incrimination for undertakings subject to public enforcement...

The Privilege against Self-Incrimination in EU Competition Law: Time for a Case Law Update?

Publicado en línea: 12 dic 2023

Páginas: 117 - 130

Recibido: 31 mar 2023

Aceptado: 08 sept 2023

DOI: https://doi.org/10.15290/bsp.2023.28.04.07

Palabras clave
ECHR, EU competition law, fundamental rights, public enforcement, self-incrimination

© 2023 Pieter Van Cleynenbreugel, published by Sciendo

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

The Privilege against Self-Incrimination in EU Competition Law: Time for a Case Law Update?

Publicado en línea: 12 dic 2023

Páginas: 117 - 130

Recibido: 31 mar 2023

Aceptado: 08 sept 2023

DOI: https://doi.org/10.15290/bsp.2023.28.04.07

Palabras claveECHR, EU competition law, fundamental rights, public enforcement, self-incrimination

© 2023 Pieter Van Cleynenbreugel, published by Sciendo

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

Palabras clave
ECHR, EU competition law, fundamental rights, public enforcement, self-incrimination