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EC COMPETITION RULES AND THE FREEDOMS OF THE INTERNAL MARKET. BETWEEN CONVERGENCE AND DIVERGENCE

100%

Szydlo M.

Studia Prawnicze

2005

issue 3(165)

65-109

Rules of competition and the four freedoms of the internal market are one of the most important part of the EC Treaty. Their importance consist in constituing the internal market, which has to be understood as area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. Without any doubt one can say, that rules of competition and the four freedoms are the foundations of the internal market. Each of these philars contributes to the proper functioning of the internal market in different way. Rules of competition are intended to eliminating anticompetitive practices, which are carried out by undertakings. In contrast to that, the four freedoms are directed against Member States and they compel them to abolish all barrier frustrating the free movement. Rules of competition are concerned mainly with activity of private parties (economic operators), which are engaged in the economic life. At the same time the four freedom are linked with powerfull activity of Member State, which can be named imperium. Nevertheless, in the doctrine of EC law and mainly in the jurisprudence of the European Court of Justice (ECJ) there were observed many similarities between these two set of Treaty rules. Above-mentioned similarities are apparent in such fields as: objects of these rules (finally they have one common object: internal market), adressee of the basic prohibitions (rules of competition are adresed not only to the undertakings, but also to the Member State, for example within the framework of so called State Action Doctrine; four freedoms are binding not only for Member States but also determine - at least partly - activity of the private parties) and the exceptions from these two set of rules (these exceptions have its source directly in the text of Treaty and also in the jurisprudence of the ECJ). Worth of mentionig here is also such tendence in the jurisprudence of the ECJ, which consist in using some constructions elaborated in one field (e.g. four freedoms) in order to resolve some problems growed in the second field (e.g. competition rules). Reasuming onep can say, that descibed similarities are sign of process of convergence, which takes place in the sphere of judical rules governing the internal market.

STATE MONOPOLIES OF A COMMERCIAL CHARACTER IN THE INTERNAL MARKET OF THE EU

100%

Szydlo M.

Studia Prawnicze

2007

issue 2(172)

5-31

This article raises problem of the compatibility of state monopolies of a commercial character with the EC Treaty, especially with Article 31 of the Treaty. In the first place, it explains notion of state monopoly in general and establishes conditions, which must be fulfilled in the light of the national constitutional law in order to create state exclusivity in some field of national economy. Next it turns into question of the compatibility of the state monopolies in general (of all characters) with community law. Third, it explains specific features of state monopolies of a commercial character in the light of Article 31 of the Treaty, namely facts, that these monopolies are bodies, which are engaged in trade of goods and through which a member state, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between member states. In the next step, this article is concerned with member states's obligation to adjust state monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of member states (which results from the wording of Article 31 of the Treaty). Finally, there is described the legal way, by which abovementioned obligation is supervised and executed by community institutions.

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2 Studia Prawnicze

2 Szydlo M.

1 2007

1 2005

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EC COMPETITION RULES AND THE FREEDOMS OF THE INTERNAL MARKET. BETWEEN CONVERGENCE AND DIVERGENCE

STATE MONOPOLIES OF A COMMERCIAL CHARACTER IN THE INTERNAL MARKET OF THE EU