Shortcomings of the freedom to conduct business: insufficient legal protection in Spain in light of EU law

Authors

  • Xavier Codina García-Andrade

DOI:

https://doi.org/10.18042/cepc/redc.132.05

Abstract

EU law has contributed to increasing the scope of action of the freedom to conduct a business through different ways, from the freedoms of the Treaties to the action of the European legislator. This paper identifies a new contribution of EU law to the protection of this freedom, this time through the necessary reinforcement of its means of access to judicial protection. The paper analyses how the interested party has access to such protection in the Spanish legal system and concludes that, in the light of the doctrine of the Court of Justice in the Unibet judgment, a private individual in Spain does not enjoy adequate protection when seeking to challenge legislative measures restricting the freedom to conduct a business before the courts.

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Published

2024-12-05

How to Cite

Codina García-Andrade, X. . (2024). Shortcomings of the freedom to conduct business: insufficient legal protection in Spain in light of EU law. Revista Española De Derecho Constitucional, (132), 137–167. https://doi.org/10.18042/cepc/redc.132.05