The new constitutional conception of the market unity. The mechanisms of safeguard and promotion of the unique national market in the recent Constitutional Jurisprudence

Authors

  • Tomás De la Quadra-Salcedo Janini

DOI:

https://doi.org/10.18042/cepc/redc114.09

Keywords:

Economic constitution, market unity, structural guarantees and dynamic guarantees of the single national market, constitutional jurisprudence, Constitutional Court Judgment 79/2017.

Abstract

The Constitutional Court has made in recent times a reinterpretation of various precepts and principles of what has been denominated doctrinally the economic Constitution. In the recent Judgments 79/2017, 110/2017 and 111/2017 the Constitutional Court welcomes a doctrinal construction that implies that the degree of unity — or fragmentation — of the national market depends to a large extent, and at every moment, on a political decision of the national Parliament without it being directly imposed by the Constitution.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES