Bulletin n. 1/2009
July 2009
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Farantouris Nikolaos E.
    La "fin" de la concurrence non faussée après le traité réformateur
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 524, janvier ,  2009 ,  41-47
    The obligation to maintain a workable competition system in the internal market (in accordance with the provision of article 3, paragraph 1, under g) EC) does not just constitute a mere formal objective, but an effective interpretation instrument in terms of market liberalisation, the eradication of protectionist practices and the promotion of the competition policy. The Court of Justice of the European Communities has always referred to the preamble and to the first articles of the Treaty, with a view to clarifying the justification or real meaning of the various provisions, including the rules of competition. However, the maintaining of a workable competition system will now no longer feature among the obligations and actions of the Union and of the member States, such as defined in the first articles of the 2007 reforming treaty (Treaty of Lisbon). The placing of the objective in question extra muros, finally stated in an attached protocol relating to the internal market and competition, is far from meaning that the aforesaid objective will be invoked in the same way and as frequently. The questioning continues, in view of the importance attached by jurisprudence to the withdrawn provision of article 3, paragraph 1, under g)
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