The Single National Market as a Constitutional Principle in Spain: Market Fragmentation through Autonomous Regions' Rules and Decisions (in Spanish)

Sub Judice 33, Análisi Económica do Direito - Parte I, pp. 141-161, May 2006

Círculo de Empresarios, pp. 91-144, 2006

Libro Marrón, October 2005

Instituto de Empresa Business School Working Paper No. WPE 06/06

56 Pages Posted: 14 Sep 2007 Last revised: 10 Jan 2011

Date Written: January 16, 2006

Abstract

When the 1978 Constitution opted for a market economy system as the principal mechanism for distributing goods and services it included other relevant declarations which seemed to imply that the Spanish market was to be a single one.

The principle of a single market is a Constitutional Court doctrine against a possible decentralization of government policies as this could lead to the national economic order fragmenting into various markets. This study analyses the implications to be drawn from this principle, assessing its efficacy as a brake on autonomous laws which distort business activity in the national market.

Note: Downloadable document is in Spanish.

Keywords: decentralisation, autonomous regions, business freedom, single market

JEL Classification: K49, H70, H73, H77

Suggested Citation

Marcos, Francisco, The Single National Market as a Constitutional Principle in Spain: Market Fragmentation through Autonomous Regions' Rules and Decisions (in Spanish) (January 16, 2006). Sub Judice 33, Análisi Económica do Direito - Parte I, pp. 141-161, May 2006, Círculo de Empresarios, pp. 91-144, 2006, Libro Marrón, October 2005, Instituto de Empresa Business School Working Paper No. WPE 06/06, Available at SSRN: https://ssrn.com/abstract=1011182

Francisco Marcos (Contact Author)

IE Law School ( email )

Castellón de la Plana 8
Madrid, Madrid 28006
Spain

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