Regulation of economic activities following the Constitutional Court's judgments on the Law of Market Unity

Abstract

The Constitutional Court, through several judgments issued in 2017, has declared the unconstitutionality of the articles of the Law on Market Unity Guarantee regulating the principle of effectiveness throughout the national territory of the means of administrative intervention on access to economic activities, as well as other precepts for their connection to it. In the first part of the paper, the grounds for unconstitutionality alleged by the Court are examined and an assessment is made of the impact and factual significance of such annulment. Secondly, we study the system for the ordination of economic activities set forth in the aforementioned Law, –which for the most part, on the contrary, has been endorsed by the TC–, addressing the explanation of the scheme of intervention instruments of the activities and their limits, the scope of disposition of requirements or material conditions linked to the exercise of same, ending with the examination of certain specific actions that the Law itself qualifies as limitations not admitted.