El impacto del derecho de la UE en la regulación española de la intervención administrativa en la actividad económica

Authors

  • Luis Cosculluela Montaner

DOI:

https://doi.org/10.18042/cepc/rap.200.06

Keywords:

EU´ Directive on Services in the internal market, authorisation, responsible statement, prior communication, affirmative administrative silence /implied positive response from the competent authority, inspection, judicial review

Abstract

Spain´s legal system regarding regulated economic activities and services was based before the EU accession on prior control by the competent authorities. The operator had to obtain an explicit positive decision from the administration before starting business, an authorization or a licence. This scenario changed due to the implementation of the EU Directive on Servicesin the internal market, which was im`lemented in our country mainly through four different laws: 17/2009 (called «umbrella law»), 25/2009 (called «omnibus law») 2/2011 of Sustainable Economy and 20/2013 of Market Unity. Authorization regime was changed in many cases for the least burdensome system of beginning the corresponding activity after the presentation of a responsible statement or prior communication. However, it has caused reticence amongst the regional legislators and local authorities concerning terms of management.

Issue

Section

STUDIES