Overview of Compliance with the Requirements of Directive (EU) 2019/1 with Regard to the Independence and Resources of National Competition Authorities: The Examples of France and Poland

The aim of this article is to critically reflect on how two EU Member States – France and Poland – meet the requirements of the ECN+ Directive with regard to the independence and resources of national competition authorities (NCAs). The article provides an overview of the ECN+ Directive in this respect. It also provides an overview of the French and Polish legal frameworks for the independence and resources of their NCAs – pre and post implementation of the ECN+ Directive. To this end, the article firstly sheds light on the legal status of the French and Polish NCAs and their independence; the distinctive features of the procedures for appointing and dismissing their decision-making bodies/staff; and a concise comparison of their powers to set priorities and their resources, also against the background of examples from other EU Member States. Secondly, the article identifies some inconsistencies and shortcomings in both the ECN+ Directive and (post-ECN+ Directive) national laws. Thirdly, it suggests some amendments to the legal frameworks, bearing in mind that the European Commission is bound to review the ECN+ Directive before 12 December 2024. The point of the analysis in this article is both descriptive and normative.