Francesca Trimarchi Banfi

The protection of the competition in the constitutional case-law. Matters of competence and matters of substance

  • Abstract

Informations and abstract

Keywords: Economic Competition, Proportionality, Economic Freedom, Economic Activities, Authorizations.

The definition of the “protection of competitionµ set forth by the Constitutional Court in 2004 has far-reaching consequences both for the allocation of competences between State and Regions and for the relationship between the economic freedom of individuals and the public powers in the field of the economy. The present paper examines the afore-mentioned consequences as they appear in the case-law. From the point of view of the allocation of competences, the paper focuses on the judicial review of compliance with the principle of proportionality that, according to the Constitutional Court, would avert the risk of the emptying of regional competences by the State power to protect competition. As for the consequences of the assumption of the economy of competition to constitutional model, the paper discusses the way some economic concepts are used as criteria for the legitimacy of legal provisions concerning economic activities. Finally the paper questions the interpretation of art. 41 Const. according to which the legal conformation of the economic activities restricts the economic freedom of individuals.

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