The Right to a Court in Cases of Administrative Liability of a Penal Character in the Field of the Protection of Financial Markets and Competition in German, French and English Law

What is it about?

The article is aimed at answering the question: 'How are main requirements of the right to a court ensured with respect to ’administrative liability of a penal character?' The subject of the analysis were cases of administrative liability of penal character regarding the protection of financial markets and competition. Three jurisdictions were selected: German, French and English.

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Photo by Philippe Oursel on Unsplash

Photo by Philippe Oursel on Unsplash

Why is it important?

Our findings show that the differences between the German, French, and English legal regimes resulting from them belonging to either the common law or continental law system are not of fundamental importance to their formation and practice. Despite the different solutions adopted in each of the analysed countries in each of them the requirements resulting from the dominant jurisprudence of the European Court of Human Rights have been maintained. Differences between the countries concern the implementation of certain requirements of the right to a court already at the stage of proceedings before the administrative authorities. A significant finding was a trend toward paying more attention to the proceedings before administrative authorities deciding on administrative-criminal liability. It constitutes an expression of the need to depart from the purely inquisitorial model of the functioning of an administrative authority deciding such cases.