MIL-OSI Translation: Study – Freedom of enterprise, a comparative law perspective – France – 04-25-2024

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MIL OSI Translation. Government of the Republic of France statements from French to English –

Source: European Parliament

This document is part of a series of studies which, with a comparative law perspective, aim to present the freedom of enterprise in different legal orders. After explaining the positive law and the applicable case law, the content, limits and possible evolution of this freedom are examined. The present study focuses on the case of France. Freedom of enterprise is not expressly recognized by the French Constitution of 1958, but it has benefited from recognition since the constitutional decision of 1982 relating to nationalizations. This freedom is strongly regulated. It flourishes within the framework of an economic model characterized by the interventionism of public authorities. The Colbertist tradition has, however, adapted and transformed. Undeniably, liberal tendencies are asserting themselves, in particular because of the binding force of European Union law.

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.

MIL Translation OSI