The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System
-
Elisabetta M. Lanza
Officer of the Italian Competition Authority (AGCM – Autorità Garante della Concorrenza e del Mercato) and PhD in Constitutional law, University of Ferrara, Italy.
Abstract
This paper analyzes the path paved by the Italian Constitutional Court (ICC) in order to reconcile the series of its inconsistent judgments dealing with free trade, right to economic initiative, and freedom of competition. For this purpose, this article aims at investigating the role of the Italian Constitutional Court in the ‘constitutionalization’ of free trade and freedom of competition and at assessing the relationship between European Union policies and the Constitutional Court interpretation thereof.
The last decade demonstrates, on the one hand, that the European Union law has influenced the domestic case law and, on the other hand, that, in turn, the European Union legal system has been ‘constitutionalized’ through the introduction of social and constitutional principles deriving from the Member States’ Constitutions.
About the author
Officer of the Italian Competition Authority (AGCM – Autorità Garante della Concorrenza e del Mercato) and PhD in Constitutional law, University of Ferrara, Italy.
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Articles, Notes & Essays
- The WTO’s Impact on China: A Battle of Administrative Review Settings between Internal and External Regulatory Frameworks
- The United Nations Security Council Sanctions and International Human Rights
- The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System
- Constitutional Developments in Austria
- No Infringement of Personality Rights during Hearing before the Hypo Committee of Inquiry
- Constitutional Developments in CEE
- Hungarian Constitutional Court: Transparency and Business Activities of the State
Articles in the same Issue
- Inhalt
- Articles, Notes & Essays
- The WTO’s Impact on China: A Battle of Administrative Review Settings between Internal and External Regulatory Frameworks
- The United Nations Security Council Sanctions and International Human Rights
- The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System
- Constitutional Developments in Austria
- No Infringement of Personality Rights during Hearing before the Hypo Committee of Inquiry
- Constitutional Developments in CEE
- Hungarian Constitutional Court: Transparency and Business Activities of the State
