The Globalized Free Competition: Essay about Interrelation between the Right of Free Trade and the Right of the Competition

A research objective is studying of interrelation between freedom of trade and the right of the competition. It turns out that freedom is used contrary to norms which are actually intended for her regulation. Thus the attempt to show how free trade can become the instrument of violation of the classical law of economy of the constitutional state – rule of law (and corresponding legal economy) in favor of economic normativity of behaviour. Differences in political goals and legal structures of free trade and the competition and also corresponding to them (and also various) institutional concepts of these divergences are analyzed. The legal means necessary for implementation of the economic policy designed to protect the interests of the nation (public interests), available for the sovereign state though any of these legal means hasn't got the constitutional level in France, for example, on the one hand are analyzed. On the other hand, the process of legal evolution connected with restriction of sovereignty of member states of the European Union (EU) and emergence of the exclusive competence of the EU which isn't allowing the certain states to use the specified means in the effective way is considered. Protection of common interests of the European countries isn't promoted in a full and desirable measure by activity of the WTO which doesn't correct the available competition distortions which appear as a result of free movement of goods between economic zones. The law of free trade limits divergence in the world market, remaining at the same time the law only of trade policy. Thus, some countries seek to get competitive advantage, having reduced all legal restrictions which can influence their competitiveness for the companies. In the same way the companies which often receive benefit from lack of coherence between various members of the WTO don't hesitate to transfer the industrial production or services to the countries with the least exacting legislation. Free trade acts as the opponent of legal economy. If the law on the competition is the right of civilized liberal economy, the right of free trade is more likely the right of financial predatoriness, and it tends to play on confusion which can remain between freedom and predatoriness. Free trade is an opponent of the market. This ruthless fight of financiers on reduction of the public economic law of the states by financial blackmail and to suppression of any project of protection of the European market leads, apparently, to disappearance in practice of the concept of the market. Freedom is opposed to regulation that is built in ideological, quasireligious dogma: the state, even democratic, is the economic evil, and the market without belief and the law is good. This dynamics of free trade blocks the laws structuring the market and as a result destroy it.