Putting Dawn Raids under Control Cover Image

Putting Dawn Raids under Control
Putting Dawn Raids under Control

Author(s): Jorge G. Contreras Condezo, Annabel Kingma, Miroslava Scholten
Subject(s): Law on Economics, EU-Legislation, Court case, Comparative Law, Administrative Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: dawn raids; competition law; control; judicial review;

Summary/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.

  • Issue Year: 13/2020
  • Issue No: 22
  • Page Range: 145-167
  • Page Count: 23
  • Language: English