The Pros And Cons Of The Enforcement System

What can the European Commission do when the enforcement system of your NCA is not effective and dissuasive? For example when infringements are not investigated, not sanctioned or the fines are very low and therefore don't have a deterrent effect.

Criminal sanctions hold a great potential as a efficient deterrent in the struggle against cartels . Sanctions create a risk that companies cannot compensate by participating in cartel monopolies . However, even though the Government of United Kingdom introduced a cartel offence to strengthen deterrence of the cartel prohibition of Article 101 and 102 TFEU and spread awareness of immorality of cartels , the enforcement system is still not effective and dissuasive. United Kingdom has failed to criminalise

The risk of criminal sanction is outweighed by the profits of cartel involvement as proved by the London Interbank Offered Rate manipulation of the international depositories , and energy providers in the United Kingdom scheme . The failure stemmed from mistakes of prosecutors, unfortunate drafting and neglection of emphasising the moral wrongfulness of the cartels. If moral wrongfulness would have been emphasised, it would have resulted in people not wanting to break a moral norm, and the fear of social condemnation for infringing a moral norm , and the awareness of the risk of detection and prosecution . Despite the recent amendments that removed a problematic element of dishonesty , cartel enforcement is still lacking due to effortlessness with which the new defences are able to be met . The

Moreover, the time limit also follows principle of effectiveness as it is reasonable to complain about an act in the period of 3 months. However, to satisfy the principle of effective judicial protection, a Member State has to have an effective access to a court, the court must meet institutional and procedural guarantees laid down in the Charter such as independence, impartiality, fair trial and reasonable time . Furthermore, the court has to have remedies at disposal that are effective to enforce European Law and restore a breach of that law . The judicial review in the United Kingdom does not fulfil the principle of effective judicial protection as individuals are not able to enforce all rights conferred on them by European Law before national courts and that application of European Law is not scrutinized by the competent court. Laws passed by Parliament are not eligible for judicial review in the United Kingdom, except in cases of the primary legislation being in conflict with European law or the European Convention on Human Rights. Therefore, judicial review in the United Kingdom is limited to the decisions of officials and public bodies, secondary legislation and prerogative orders. The number of courts in the United Kingdom that are entrusted with judicial review is not sufficient as, a