Lucía Alarcón Sotomayor: The fundamental rights of private legal entities against the Administration

Abstract

Review of the book by Lucía Alarcón Sotomayor, The fundamental rights of legal-private persons against the Administration, Thomson-Aranzadi, 2023, 200 pp., foreword by José María Baño León. This work analyzes whether legal persons of a private nature can be holders, and to what extent, of the fundamental rights enshrined in the EC against Public Administrations. To do this, it studies the jurisprudence that our TC has developed and, from there, determines the consequences of that attribution. There are two of the most original and risky contributions. On the one hand, the requirement to distinguish between the different types of legal entities leads the author to deny the ownership of fundamental rights to open corporations, especially listed companies, which are dehumanized entities. The other great contribution is the study and conclusion that the triple aspect of the objective conception of fundamental rights, as objective values, duties of protection and institutional guarantees, has a clear propensity to expand them as objective norms in favor of legal-private persons.