HUNGARIAN CARTEL ENFORCEMENT BUSTED? FUNDAMENTAL RIGHTS PROTECTED

In one of the most famous Hungarian cartel cases the defence finally succeeded in an important issue, but basically lost the case. The Hungarian Constitutional Court decided (IV/01629/2013) that competition enforcement is a quasi-criminal type of enforcement under the Hungarian Constitution (as under the ECHR) and therefore in cartel cases the presumption of innocence requires that the cases have to be proven beyond doubt. More on this case in the second edition (will be published on the 1st of November) of my book on fundamental rights protection.

(The title is of course a bit overemphasising.)