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- Title
LA LIBERTAD DE EMPRESA Y ALGUNOS LÍMITES DESDE LA PERSPECTIVA DEL ESTADO SOCIAL.
- Authors
Viera Álvarez, Christian
- Abstract
This paper analyzes the content, history and limits of the freedom of enterprise in the Spanish Constitution. Respecting the limits, they can be of various kinds, among which are those arising from the Welfare State clause. The definition of Welfare State determines not only the interpretation of this right, but especially the practical implementation of the private initiative. Setting conditions on the exercise of economic initiative, the State should try to devise solutions to possible conflicts with constitutional rules, among which the balance of interests stands out. The Welfare State appears then as a criterion of discernment against possible violations of social rights.
- Subjects
FREEDOM of employment; PROPORTIONALITY in law; EUROPEAN Union law; WELFARE state; EUROPEAN Union
- Publication
Revista Jurídica de la Universidad Autonóma de Madrid, 2010, Issue 21, p197
- ISSN
1575-720X
- Publication type
Article