SYSTÉM OCHRANY HOSPODÁRSKEJ SÚŤAŽE PODĽA ČLÁNKU 55 ODS. 2 ÚSTAVY SLOVENSKEJ REPUBLIKY
System of protection of competition according to Section 55 paragraph 2 of the Constitution of the Slovak Republic
Languages of publication
The 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.
576 – 594
Publication order reference