The Spanish Constitutional Court and the Law on the Guarantee of Market Unity. Comment to the STC 79/2017, of June 22, 2017

Authors

  • Antonio Cidoncha Martín

DOI:

https://doi.org/10.18042/cepc/redc114.10

Keywords:

Market unity, entrepeneurial Freedom, Freedom of movement, principle of national effectiveness, equality of all Spaniards, general management of the economy, territoriality principle, commmon or Equivalent Standard, mutual Recognition, harmonization.

Abstract

The purpose of this paper is to make a critical review of the Spanish Constitutional Court’s (TC) Judgment that solves the first appeal filed against the Spanish Law on the Guarantee of Market Unity (LGUM). On the first hand, the substantive content of the LGUM is briefly explained. On the second hand, the author unveils the new doctrine held by the Constitutional Court in the judgment. Finally, the author examines the answer given by the TC to the challenges raised against the law’s two pillars. In particular, the author scrutinizes in a critical way the arguments of the TC that leads him to declare unconstitutional and annul the provisions of the law relating to the so-called “principle of national effectiveness”. The work concludes with some brief reflections.

Downloads

Download data is not yet available.

How to Cite

Cidoncha Martín, A. (2018). The Spanish Constitutional Court and the Law on the Guarantee of Market Unity. Comment to the STC 79/2017, of June 22, 2017. Revista Española De Derecho Constitucional, (114), 301–336. https://doi.org/10.18042/cepc/redc114.10

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES

Similar Articles

1 2 3 > >> 

You may also start an advanced similarity search for this article.