Marković-Bajalović, Dijana (2026) Due Process in Competition Law : Does It Matter for Candidate Countries? : a case of Serbia. Shota Rustaveli State University, Georgia, Batumi.
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While Serbia opened negotiations for EU accession in January 2014, negotiations in the Internal Market Cluster, to which the competition policy chapter belongs, have not yet begun. In its annual reports on Serbia’s progress in the accession process, the European Commission assesses the competition legislative framework, the institutional framework and the enforcement capacity. The Commission finds the legislative framework broadly aligned with the EU competition acquis. The assessment of the procedural aspects of Serbian competition law has not been a focus of the Commission so far. At the same time, the Commission has been continuously emphasising the importance of strengthening the rule of law. Serbia established the current institutional and procedural framework for implementing competition law in 2009 - 2010, with the adoption of the Competition Protection Act (CPA) and a set of secondary legislation. Serbian procedural competition law is based on the General Administrative Procedure Act of 2016, supplemented by specific CPA rules that reflect the exceptional nature of competition proceedings and the need to harmonise with EU law. CPA is only partially aligned with Council Regulation 1/2003/EC, Commission Regulation 773/2004, Council Regulation 139/2004 and Consolidated Commission Implementing Regulation 2023/914. In the paper, we discuss three important departures of the CPA rules from the EU competition procedure. The first concerns the complainant's status in antitrust investigations. The second touches upon third-party standing in merger control proceedings. The third one pertains to the transparency of investigations and the Commission for Protection of Competition’s (CPC) decision-making. Shortcomings in the regulation of these issues within the CPA contributed to the relatively low credibility of CPC’s decision-making and to decreased public awareness of competition law enforcement. Focusing on harmonisation of national substantive competition rules with EU law is not sufficient for the success in accession negotiations. The procedural aspects of competition law must receive adequate attention when assessing a candidate country's preparedness to assume obligations arising from EU membership. Procedural competition rules should be seen as one of the elements for assessing the respect for the rule of law in a candidate country, the rule of law being the fundamental EU value.
| Item Type: | Other |
|---|---|
| Additional Information: | У: [Abstracts] [Elektronski izvor] / International Conference on „EU Integration Perspectives of the Candidate Countries“, 29-30 May, 2026, Batumi Shota Rustaveli State University. - Georgia, Batumi : Shota Rustaveli State University, 2026. - Str. 11-12. COBISS.SR-ID 195426313 |
| Uncontrolled Keywords: | pravo konkurencije / zaštita konkurencije / procesno pravo konkurencije / Srbija / Evropska unija / evrointegracije / harmonizacija / Zakon o zaštiti konkurencije / Zakon o opštem upravnom postupku / Komisija za zaštitu konkurencije / vladavina prava / položaj podnosioca inicijative / kontrola koncentracija |
| Subjects: | Competition Law European Union Law |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 09 Jun 2026 07:14 |
| Last Modified: | 09 Jun 2026 07:14 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/2097 |
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