Harmonisation of National Leniency Programmes in the EU: Is This Mission Accomplished? Remarks on the Case of France and Poland Compared with Other EU Member States

Abstract The article critically discusses the requirements of the ECN+ Directive with regard to leniency programmes and whether the goal of this Directive – inter alia to eliminate discrepancies between national leniency programmes – has been achieved. The authors: (1) analyse in this respect the ECN+ Directive as well as the legal framework in EU Member States, focusing especially on France and Poland, but making reference also to selected other EU Member States, and (2) compare how these issues are regulated in those national legal orders to the standard required by the ECN+ Directive. The aim of this publication is to determine any potential differences in the approach taken by national legislators. The article also identifies certain shortcomings in the ECN+ Directive and national legal orders in the area under discussion and suggests amendments that could boost national leniency programmes. This research is based mainly on the dogmatic and comparative methods of analysis.