Abstract
Dawn raids have become an effective tool to enforce EU and national competition
laws. Judicial review is an essential mechanism of control over the executive branch
against possible misuse of this power. However, this judicial review has shown to
have limits; it cannot always guarantee an adequate redress for the affected parties.
How to address the limited judicial review to ensure control over dawn raids? This
article argues that the limits of judicial review could be addressed by extending
the types of controls over this action, i.e. ex ante legislative guidance and internal
managerial accountability. The more conceptual argument that this paper puts
forward is thus that it is essential to seek connections between different concepts
and types of controls to ensure a comprehensive/water-tight system of controls over
the actions of the executive branch.
laws. Judicial review is an essential mechanism of control over the executive branch
against possible misuse of this power. However, this judicial review has shown to
have limits; it cannot always guarantee an adequate redress for the affected parties.
How to address the limited judicial review to ensure control over dawn raids? This
article argues that the limits of judicial review could be addressed by extending
the types of controls over this action, i.e. ex ante legislative guidance and internal
managerial accountability. The more conceptual argument that this paper puts
forward is thus that it is essential to seek connections between different concepts
and types of controls to ensure a comprehensive/water-tight system of controls over
the actions of the executive branch.
Original language | English |
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Pages (from-to) | 145-167 |
Number of pages | 23 |
Journal | Yearbook of Antitrust and Regulatory Studies |
Volume | 13 |
Issue number | 22 |
DOIs | |
Publication status | Published - Dec 2020 |
Keywords
- dawn raid
- EU commission
- competition law
- controls
- accountability
- judicial