Between Competition and Free Movement

Julio Baquero Cruz is a referendaire at the Chambers of Mr Gil Carlos Rodriguez Iglesias,President of the Court of Justice of the European Communities.

Themes, intention and method. Towards an operational concept of constitution: introduction; the importance of legal concepts; an operational concept of constitution; the concept explained; federal constitutionalism and the supremacy of the constitution; Neil MacCormick's overlapping legal orders. The constitution and the economy: introduction; economic constitutional law versus the "economic constitution"; economic constitutional law and its transformations; the role of the judiciary; Oliver Wendell Holmes Jr. and the economic neutrality of the constitution. Community constitutionalism revisited: doctrines and realities; European Community (not Union) constitutional law; community constitutionalism; the Treaty as an internal and external Community constitution; the operation concept applied - direct effect and supremacy, extralegal foundations, internal supremacy, Community law and individual autonomy, the democratic element, internal hierarchy; the external view of Community constitutionalism. Community economic constitutional law: form and substance in Community constitutional law; the centrality of the concept of internal market; the question of hierarchy in Community economic law; constitutional and statutory interpretation; a comparison with state economic constitutional law; economic neutrality of the Community?; the uncertain future. Competition and free movement: the complementary character of competition and free movement; a common approach tot he free movement rules; the special case of the free movement of workers; shifting attitudes towards the competition rules; procedural reasons for the blurring between the scopes of competition and free movement. Free movement and the private sphere: statement of the problem; horizontal direct effect?; leading case - Walrave (1974), Dansk Supermarked (1981), Bosman (1995), Commission v France (1997), recent cases; an analysis of certain proposals - Detlef Shaefer and fundamental rights, Wulf-Henning Roth and Article 12, Milner-Moore, Steindorff and the last sentence of Article 30, binding individuals through national courts?; refining the concept of collective private measures. State action doctrine and Community competition law: statement of the problem; relevant texts, structure and other available routes - the enforcement mechanism, Article 86 EC, state aids, free movement, other provisions; leading cases - GB-INNO-BM (1977), the 1985 judgements - Leclerc and Cullet, the test refined - Asjes, Vlaamse Reisbureaus, Van Eycke (1986-1988), the 1993 cases - "November revolution"?, recent judgements; a constitutional approach - problems with the state action doctrine in its current form, a constitutional approach. Final thoughts.