Rule of Law Crisis, Judiciary and Competition Law

Bernatt, Maciej

doi:10.2139/ssrn.3431631

Cited by 3 publications

(3 citation statements)

References 2 publications

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“…LLC Tedis Ukraine scored one point due to the availability of information about social responsibility on the website. The obtained results are generally consistent with the data of the transparency rating and complement it (Zinchenko A., Reznik N., & Saprykina M. (2018).…”

Section: Resultssupporting

confidence: 89%

Untitled

2021

LBSHerald

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Large enterprises of Ukraine, sustainable development and social responsibility: transparency in times of crisis 14 Bordun, O. Security of the judicial power for sustainable development: a Ukrainian case 23 Petryk, I. Restructuring of business processes for sustainability: revealing the potential of reengineering and Kaizen 33 Sopilnyk, R., & Piwowarski, J. Access to a genuinely independent and impartial trial: a review of the sixteenth sustainability goal completeness 43

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Section: Resultssupporting

confidence: 89%

Untitled

2021

LBSHerald

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“…109 Moreover, recent challenges to the Rule of Law in Poland and Hungary demonstrate that independent competition law enforcement and adjudication is brittle. 110 Maintaining independence from government, therefore, may be hard enough in and of itself for competition authorities, 111 let alone while at the same time investigating or sanctioning parts of government.…”

Section: B Behavioural Constraintsmentioning

confidence: 99%

Commercial Divisions of Public Entities and the Limits of EU Competition Law

Sluijs¹

2019

European Competition and Regulatory Law Review

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Competitive behaviour by public entities is generally approached in the literature as concerning the traditional State-owned enterprises pursuing public interest objectives. However, increasingly we see examples of commercial divisions of public entities aiming to generate revenue per-se. Because these commercial divisions can enjoy competitive advantages over their private sector competitors, their behaviour may distort competition. This phenomenon has become prevalent throughout the EU, and Member States tend to approach its anticompetitive effects through various competition law(-related) frameworks. This article points out, however, that a competition law framework may be ill-suited to address anticompetitive effects of commercial divisions of public entities. With an ill-functioning and diverging legal framework across the EU, anticompetitive effects of commercial divisions of public entities lead to an uneven playing field between public and private firms with adverse effects on the internal market.

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“…Access to justice depends on the state as a whole (Roach, K., & Sossin, L., 2010), but barriers to access in one way or another concern the judiciary (Johnson, C. L., 2021). Equal access to justice cannot be achieved if there are certain threats in the judiciary (Bernatt, M., 2019).…”

Section: Introductionmentioning

confidence: 99%

Security of the judiciary power for sustainable development: a Ukrainian case

Bordun¹,

Law²

2021

LBSHerald

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In this article, we have explored the constitutional principles of judicial security on the example of Ukraine. We found that researchers have not paid enough attention to the security system of the judiciary in Ukraine in the framework of sustainable development. We used the doctrinal legal research methodology to answer four research questions. First, we explored the content of the security concept in Ukrainian law. Secondly, we have established the extent to which the Constitution of Ukraine covers the security of the judiciary. Third, we described the distinction between internal and external threats to the security of the judiciary. Fourth, we have summarized the specific threats to the security of the judiciary mentioned in the Constitution of Ukraine. For each of the issues, we have provided recommendations to achieve sustainable development of Ukraine in the course of legal reform. As part of the discussion, we voiced recommendations for the participation of judicial self-government and the Higher Council of Justice in ensuring the security of the judiciary. Our results complement the knowledge of the legal nature and constitutional principles of the judiciary. The presented recommendations can be used in formulating proposals for sustainable development strategies and directions of judicial reform

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Rule of Law Crisis, Judiciary and Competition Law

Cited by 3 publications

References 2 publications

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Commercial Divisions of Public Entities and the Limits of EU Competition Law

Security of the judiciary power for sustainable development: a Ukrainian case

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