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

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.