The Constitutional Regime of Economic Freedom. Its Reflection in the Administrative Code
The Constitutional Regime of Economic Freedom. Its Reflection in the Administrative Code

Author(s): Teodor Narcis Godeanu, Iulia Nistor
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Law on Economics, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: economic freedom; Constitution; public administration; public administration authorities; business environment; Administrative Code;
Summary/Abstract: This study analyzes, as its title suggests, the constitutional regime of economic freedom, regulated by art. 45 of the Constitution, following the changes it underwent through the revision of Law no. 429/2003. It is qualified to represent freedom from the first generation and is considered, along with the private property, the market economy foundation. Therefore, the constituent legislator placed them one after the other, and by art. 135 para. (1) guaranties the market character of the economy. We perform the analysis by referring to the Administrative Code, which also contains implicit or express provisions regarding economic activity, this aspect representing, in many situations, a result of economic freedom.

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