LA LEY 20/2013, DE 9 DE DICIEMBRE, DE GARANTÍA DE LA UNIDAD DE MERCADO. EN PARTICULAR, EL PRINCIPIO DE EFICACIA

Abstract

The objective of the recent Spanish law on the unity of market (Law 20/2013 of 9 December) is to implement the principle of the unity of market. Such principle, according to the law itself, is defined by the Spanish Constitution and has been threatened by an excess of diverse and interventionist legislation. To achieve this objective the law seeks to promote intergovernmental collaboration, expands the de-regulative scope established by the EC Directive 123/2006, and introduces the principle of effectiveness. This article deals with the principle of effectiveness, the main novelty of this law, and the instrument to spread all across the country less interventionist rules to be passed by the competent local authorities. The article criticizes such principle since its implementation entails a flagrant encroachment upon the regional powers: the implementation of the effectiveness principle establishes a new relationship between legal systems which has not been provided by the Constitution. The article also argues that this principle to be dysfunctional and difficult to apply. Finally, the article proposes some alternative ways to strengthen the unity of market while respecting the Constitution.

Keywords

• authority of origin and authority of destination; harmonization; cooperation and mutual trust; freedom of establishment and free movement; general instruction of the economy; principle of effectiveness; unitity of market.