The Autonomous State after the Spanish Act on Market Unity and its principles of national requirement and efficiency

Abstract

In this paper, both the premise and the solutions envisaged by the Ley de Garantía de la Unidad de Mercado (Spanish Act on Market Unity). In concrete, its principles of necessity and proportionality are thought to consecrate an extreme conception of economic freedoms, as well as some unjustified restrictions to the autonomic competences. Regarding the principle of national efficacy, an analysis of its meaning and direct and indirect consequences is followed in this study by an assessment of its dangers and devastating effects for the effectiveness of the autonomic competences. This leads to the conclusion that the law implies a constitutional mutation.