DIRITTO 1

• EU law


  Developed from treaties (former Coal and Steel Treaty in the 1950s, then the Treaty on the European Economic Community) that provided for rules that apply not only to the signatory states of the contract, but also rights granted directly to citizens
• International law


  Provides for rules that affect states and that must be transposed into domestic law and do not immediately recognize citizens as holders of rights
• EU treaties


  Establish an organization that is similar to that of a government and gives normative powers to certain subjects/bodies
• Primary law


  • Contained directly in the Treaties
• Secondary or secondary legislation

  • Created by the bodies to which the Treaties confer powers, consisting of directives and regulations
• Directive


  Addressed to the Member State, requiring it to transfer its content into an internal legislative act within a certain period of time and in a correct and error-free manner
• Minimum harmonization directive


  Minimum rules that you have to give in respect to a certain matter, then you can do the goldplating without limits
• Maximum harmonization directive


  Taken and transposed as it is within the member states
• Enabling law


  Issued by the parliament which gives the government the power to issue a legislative decree following the content of the enabling law
• Regulation


  Result of the competent Community bodies, comparable to a law of a national state because the regulation, once issued, enters into force in the member states within the prescribed deadlines without having to be transposed in order to have maximum uniformity for certain issues
• Existing Treaty on the Functioning of the EU: Treaty on the Functioning of the EU
• Steel Treaty: control over steel production (it is the first thing that increases in case of a will to war)
• Treaty of Rome
• Antitrust law deals with

  • Agreements between undertakings (Prohibition of cartels)
  • Benefit from the monopoly (Prohibition of abuse of a dominant position)
  • Prohibition of State aid to national companies to the detriment of European companies
• Primary European Economic Law

  Legal concept of market as a regulatory environment (place of exchange), Functionalization of the market (the market also serves ends other than economic ones)
• European contract regulation


  Part of market law, there is also general interest in the proper functioning of the market
• European Economic Constitution


  A set of constitutional norms that deals with regulating economic relations by laying down rules, a framework of rules within which the legislator must move in order to regulate the economy
• Inferior rules must not be contrary to the Treaties, how to change treaties requires another international treaty that requires the consent of all signatories (i.e. unanimously)
• European economic constitution


  Rules of the treaties that govern the economy, they are binding (if these rules/laws are not respected, they are challengeable)
• Model of social market economy

  Economy seen as an instrument of disempowerment of the centers of economic power, regulated to allow everyone to satisfy their needs, with social justice that the market manages to create
• Open market economy principle in competition

  Economic policies must be guided by this principle, it guarantees the minimum content of the system, indirectly guarantees the freedom of private enterprise, protects the role of the consumer
• Market


  A set of structural rules that allow us to operate in a certain market, distinct from competition which is a more dynamic concept about the behaviour of companies
• Principle of an open economy under competition


  • Structural (internal market) and dynamic (competition)
• Structural profile of the internal market


  • Systematic aspect (coherence with the whole system), Regulatory aspect (rules and principles), Spatial aspect (rules that have value in a given space, place, territory)
• Dynamic profile of competition

  • How the various subjects operate, the behaviors they can have in the market
• Protection within the internal market


  • Protection of the individual, Protection of consumers, Equality and non-discrimination, Economic and social cohesion and solidarity, Protection of the environment, Protection of property, Guarantee of the freedom to conduct a business, Autonomous functioning of the market
• The Court of Justice is the only body competent to interpret the European treaties and acts as a last resort
• Sustainability involves direct action to ensure that the environment will also have the same characteristics in the future as it has today
• Property is closely linked to the culture and religion of the community, with differences between Catholic and Protestant views
• Social functioning arises in the EU as a need to limit certain economic rights (property or freedom to conduct a business) when the exercise of these rights indiscriminately goes against the proper functioning of the markets
• Entrepreneur


  Replaces the trader, and therefore, also the protection of the company
• Social functioning


  A need to limit certain economic rights (property or freedom to conduct a business) when the exercise of these rights indiscriminately goes against the proper functioning of the markets
• Ownership and freedom of enterprise are not connected because you can do business even if you don't own anything (through leasing or renting)
• Autonomous functioning of the market

  In a competitive system it is preferable (and not necessary) for certain choices to be made by market participants (a minimum of freedom)
• Prohibition of abuse of rights


  When carrying out one's own activity creates damage to another undertaking, it is considered an abuse of rights
• How to tell if it's abuse

  The solution is based on the social function, but seen in the system and not in the individual, i.e. the company is called upon to play a role in the system and not for the individual. If the activity goes against the social function, there is abuse.
• You need to have a contract in place, e.g. banks explain what products/contracts they can offer you
• Unilateral contract


  It is not possible to negotiate, writing the contract in your favor, offloading the risk to the customers (who signs the contract)
• Abuse of a dominant position

  An undertaking has a large number of market shares, which protects it from all acts and actions or initiatives that may be taken by competition. A dominant position is legitimate, but what is forbidden is the abuse of this position when restrictions are imposed that make no sense.
• Principle of proportionality


  When it comes to regulating certain subjects, it is necessary to ensure that: the purpose must be clear, you have to see the medium to be used, and the instrument adopted