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LAPŠANSKÝ, L.: System of protection of competition according to Section 55 paragraph 2 of the Constitution of the Slovak Republic.
Právny obzor, 100, 2017, č. 6, s. 576 – 594.
Abstract. System of
protection of competition according to Section 55 paragraph 2 of the
Constitution of the Slovak Republic. Section 55 paragraph 2 of the Constitution
of the Slovak Republic stipulates a positive obligation of the State to protect
competition. This obligation is imposed on all public authorities, i.e. both the
legislator and the bodies applying legal regulations. The public authorities are
obliged to provide free access to the market and equality of the rules of
conduct of the competitors on the market. When assessing the fulfilment of the
legislator´s obligation to ensure equality of the rules of conduct of
competitors on the market, the Constitutional Court of the Slovak Republic has
developed an interesting case-law on admissibility of the criteria for
distinguishing among competitors. Activities without economic substance are
fully excluded from the scope of application of Section 55 paragraph 2 of the
Constitution. For some activities with economic substance the obligation to
protect competition is limited or excluded by other public interest.
Key words: protection of
economic competition, Constitution, Constitutional Court
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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