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El impacto del derecho de la UE en la regulación española de la intervención administrativa en la actividad económica
Author(s) -
Luis Cosculluela Montaner
Publication year - 2016
Publication title -
revista de administración pública
Language(s) - English
Resource type - Journals
eISSN - 1697-2449
pISSN - 0034-7639
DOI - 10.18042/cepc/rap.200.06
Subject(s) - directive , authorization , welfare economics , political science , humanities , administration (probate law) , member states , derecho , business , law , european union , economics , international trade , computer science , philosophy , computer security , programming language
Spain´s legal system regarding regulated economic activities and services was based before the EU accession on prior control by the competent authorities. The operator had to obtain an explicit positive decision from the administration before starting business, an authorization or a licence. This scenario changed due to the implementation of the EU Directive on Servicesin the internal market, which was im`lemented in our country mainly through four different laws: 17/2009 (called «umbrella law»), 25/2009 (called «omnibus law») 2/2011 of Sustainable Economy and 20/2013 of Market Unity. Authorization regime was changed in many cases for the least burdensome system of beginning the corresponding activity after the presentation of a responsible statement or prior communication. However, it has caused reticence amongst the regional legislators and local authorities concerning terms of management.

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