http://hdl.handle.net/11320/8025 Mon, 01 Jun 2026 16:02:13 GMT 2026-06-01T16:02:13Z http://hdl.handle.net/11320/8038 Tytuł: Václav Šmejkal, Stanislav Šaroch and Pavel Svoboda, European Union as a Highly Competitive Social Market Economy – Legal and Economic Analysis, rw & w Science & New Media, Passau-Berlin-Prague 2016, pp. 178 Autorzy: Malý, Jiří Tue, 01 Jan 2019 00:00:00 GMT http://hdl.handle.net/11320/8038 2019-01-01T00:00:00Z http://hdl.handle.net/11320/8037 Tytuł: Judicial Review of Decisions Relating to Inspections of the President of the Polish Office of Competition and Consumer Protection – Between the Judgment of the European Court of Human Rights in Case Delta Pekárny v. The Czech Republic and the Judgement of the Polish Constitutional Tribunal of 16 January 2019 in Case P 19/17 Autorzy: Targański, Bartosz Abstrakt: The article discusses a recent legal change in relation to inspections conducted by the Polish Office of Competition and Consumer Protection (the “OCCP”) in light of the standards of procedural safeguards that should be available to companies during inspections of competition authorities as described by the European Court of Human Rights (the “ECtHR”) in case Delta Pekárny v. the Czech Republic. During inspections the OCCP could obtain access to documents unrelated to the subject of the proceedings, including private documents. This may lead to the infringement of the right to respect for private and family life protected under Article 8 of the European Convention on Human Rights (the “Convention”). In light of the Delta Pekárny judgment, decisions about the initiation of the inspection of competition authorities should be subject to effective judicial review. The judicial review should take place either prior to inspection or thereafter (ex post facto). The goal of the article is to verify the consistency of procedural safeguards during controls and searches conducted by the OCCP with the standards of protection in the Delta Pekárny judgement. Tue, 01 Jan 2019 00:00:00 GMT http://hdl.handle.net/11320/8037 2019-01-01T00:00:00Z http://hdl.handle.net/11320/8036 Tytuł: Guarantees of Human Rights in Competition Proceedings in the European Union and the Republic of Lithuania Autorzy: Moisejevas, Raimundas; Nasutavičienė, Justina Abstrakt: This article focuses on the protection of human rights in disputes related to competition proceedings. The European Convention on Human Rights is regarded as a most effective instrument for the protection of human rights at the international level. National courts of the European Union member states have also developed specific systems for the protection of human rights. Entities that are charged with breaches of EU competition law, in most cases complain about breaches of two provisions of the ECHR: Article 6 of the Convention which guarantees the right to a fair trial and Article 8 which guarantees the right to respect for private life. In this article, we also discuss a couple of cases decided by the Competition Council of Lithuania, which raise doubts regarding proper guarantee of the right to a fair trial. One of the key problems is that during the questioning of witnesses the Competition Council makes an audio recording of the interview but afterwards deletes the recording without allowing the undertakings under investigation to have access to the Council’s case file. The article concludes with a short summary. Tue, 01 Jan 2019 00:00:00 GMT http://hdl.handle.net/11320/8036 2019-01-01T00:00:00Z http://hdl.handle.net/11320/8035 Tytuł: Freedom of Enterprise in the Perspective of Czech Professional Self-Governing Associations Autorzy: Frischmann, Petr Abstrakt: The present text addresses the specific nature of regulated professions in relation to the reasonable and justifiable restrictions as principles of free enterprise. Based on recent Czech experience, the article provides considerations and analysis identifying current trends in regulated self-governing associations with compulsory membership focusing on the principal questions concerning the constitutional conformity of compulsory membership, justifiable level of restrictions of free access to professions and training and pre-requisites for entry to a profession with special regard to the protection of free economic competition. The article analyzes the different forms of restrictions of free enterprise in regulated services having their origin in the legislation, internal rules and the decision making of professional associations themselves. The analyses illustrate the search for the optimum balance between legitimate professional group interests and fundamental rights, which is not easy to determine, as the present text tries to demonstrate by analyzing the existing Czech approach to the issue. Furthermore, the article presents the considerations based on the recent leading decisions analysing immanent and persistent tendencies for the expansion of influence of the existing associations together with tendencies for the formation of new self-governing associations. Tue, 01 Jan 2019 00:00:00 GMT http://hdl.handle.net/11320/8035 2019-01-01T00:00:00Z