Competition in times of democratic crisis: domestic judicial reforms and the effectiveness of EU competition law

Journal article

Democratic backsliding is becoming increasingly widespread, filtering into not just constitutional law but other areas of substantive Union law. This article explores this phenomenon by focusing on how domestic judicial reforms spread to the day-to-day operation of EU competition law. It references two fundamental principles of Union law – mutual trust and effective judicial protection – before focusing on the European Competition Network, which requires national competition authorities to cooperate when discharging their duties under Union law. Lastly, it discusses the systemic consequences this can have for the operation of EU competition law, the internal market, and EU law more broadly.

Authors: Íñiguez, G

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Cambridge University Press
• Journal: Cambridge Yearbook of European Legal Studies
• Volume: 26
• Pages: 30-47
• Publication date: 2025-01-10
• Acceptance date: 2024-07-18
• DOI: 10.1017/cel.2024.4
• EISSN: 2049-7636
• ISSN: 1528-8870
• Language: English
• Keywords: rule of law; EU law; competition law; judicial independence; mutual trust; effective judicial protection