1. Introduction

The European Union (hereinafter: the EU) maintains and develops an area of freedom, security and justice. According to Article 82 of the Treaty on Functioning of the European Union, judicial cooperation in criminal matters is to be based on the principle of mutual recognition of judgments and judicial decisions. Among EU countries, Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union and Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents, and data for use in proceedings in criminal matters and multilateral or bilateral treaties have so far been adopted.

Introduction on the procedural challenges in the enforcement of European competition law

The effectiveness of Articles 101 and 102 of the Treaty on the Functioning of the European Union relies upon the public enforcement of these provisions by the European Commission. It also depends on enforcement by national competition authorities and on private enforcement, but these aspects are beyond the scope of this paper. 

Recently, one of the most debated topics in the European Union space is the incidence of abusive clauses in conventions ended between financial institutions and regular consumers, as an expression of business-to-consumer commercial practice. From a scientific point of view, this subject is a ramification of fields of law such as consumer law, banking law, obligations, and European law. From a social perspective, more concretely, the unfair terms are seen as a disastrous impediment that blocks the possibility assumed by one party in performing the initial obligations included in a contract.

1. Introductory Notes

What does life and the quality of life mean in terms of the criminal justice system? To what extent are we entitled to limit one’s freedom and what means are we obliged to use for that purpose? How is it possible to find balance between the individual-based considerations of equity and humanity and the protection of the public? 

 

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