El impacto del derecho de la UE en la regulación española de la intervención administrativa en la actividad económica

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 sc...

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Bibliographic Details
Main Author: Cosculluela Montaner, Luis
Format: Article
Language:Spanish
Published: 2016
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5635313
Source:Revista de administración pública, ISSN 0034-7639, Nº 200, 2016 (Ejemplar dedicado a: El Derecho administrativo a los 30 años de nuestro ingreso en la Unión Europea), pags. 103-120
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Summary: 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.