Związanie aktami unijnego soft law.Uwagi na tle prawa konkurencji
The Binding Effects of Soft Law. Some remarks from the EU Competition Law perspective
Author(s): Agnieszka ChudybaSubject(s): National Economy, Law on Economics
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: soft law; EU act which is not legally binding; enforceability; challengeable act; legal effects; self-binding effect; guidelines; notices; communication;
Summary/Abstract: The use of EU soft law raises many doubts. On the one hand, the question is whether the legality of soft law acts may be challenged before the European courts. On the other hand, one may wonder to what extent the EU and national institutions should be bound by soft law instruments. The author focuses on this second issue. Firstly, she examines the so-called self-binding effect of EU soft law as well as its enforcement by the EU courts. Secondly, the author examines whether this binding effect of soft law may be observed at the national level. Competition law is a perfect example in this respect.
Journal: internetowy Kwartalnik Antymonopolowy i Regulacyjny (iKAR)
- Issue Year: 8/2019
- Issue No: 6
- Page Range: 63-78
- Page Count: 16
- Language: Polish