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Free and undistorted competition: the reality

(BRUSSELS2 *) “Free and undistorted” competition would be excluded from the objectives of the European Union. The rumor fuses and spreads through the ranks of the delegations and journalists present for this second day of the summit meeting. Indeed, confirms the Elysée, we have obtained this progress. It is important to say that competition is not an objective in itself. " The French said no to 55%. I try to take it into account explains Nicolas Sarkozy. In fact, through a very ingenious set of legal tricks, Chancellor Merkel and her team have raised social principles - full employment, social protection, the fight against social exclusion, the rights of the child - to ranks of supreme objectives of Europe (at the head of the EU Treaty). While the objective of free and undistorted competition has been downgraded to a mere policy enforcement tool (in the EC Treaty). However, this change does not affect the powers of the European Commission, which may continue to initiate proceedings against recalcitrant States or companies, or even impose fines on them. But it could be brought to justify in front of the judges that it does not violate the social principles. A strong argument in a case like Livret A, for example, or social housing in the Netherlands.


(* article published in Ouest-France)

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).