GENERAL ADVOCATORY OF THE STATE <? Xml: namespace prefix = o />
WEDNESDAY 16 OCTOBER 2013
PRESENTATION OF THE VOLUME "THE SYSTEMATIC DICTIONARY OF COMPETITION LAW"
By PROF. LORENZO F. PEACE

1. I am particularly pleased to host Vanvitelli in the Sala and to be able to speak at the presentation of the "Systematic Dictionary of Competition Law" by Prof. Lorenzo Pace.
It is a work that has the declared purpose of addressing all the complexity of competition law and the problems related to them with particular regard to antitrust law and the discipline of state aid, from the point of view of both European Union law. both of national law.
The conceptual approach is concrete and pragmatic, so much so that, as specified in the introduction itself, the authors, who all combine professional commitment at different levels in their cultural training, have dealt with the individual items only the regulatory, jurisprudential and the practice of individual themes, deliberately leaving out the doctrinal aspects; although it should be noted that each entry is accompanied at the end by a rich bibliography and this undoubtedly constitutes a further element of completeness and, at the same time, of facilitating consultation of the Dictionary itself.
The Dictionary therefore consists of seventy-six items that each refer to the major issues that characterize the law of competition and state aid, paying specific attention to the difficulties that in our system have accompanied, in particular, the implementation of the general principles. outlined by the Court of Justice of the European Union in the discipline of state aid; also taking care to identify the reasons in an analytical and concrete way, also taking into account the recent legislation issued with the law of 24 December 2012, n. 234, which contains "The general rules on Italy's participation in the formation and implementation of European Union legislation and policies", dictated with the stated purpose of guaranteeing "the fulfillment of obligations and the exercise of powers deriving from 'Italy's membership of the European Union, in accordance with Articles 11 and 117 of the Constitution, on the basis of the principles of attribution, subsidiarity, proportionality, loyal collaboration, efficiency, transparency and democratic participation. " (art. 1).
Chapter VIII of the aforementioned law contains, in particular, the complete and organic discipline of State aid, expressly providing for the exclusive jurisdiction of the administrative judge for the challenge of the provisions on the matter.
I cannot fail to point out that the law n. 234/12 provided, in art. 42, paragraph 3, that "The President of the Council of Ministers or the Minister for European Affairs and the Minister for Foreign Affairs appoint a state lawyer, after consulting the State Advocate General ". As I have already observed in the speech I gave on the occasion of my inauguration, this is the culmination of a long professional experience that has seen generations of state lawyers engaged in the protection of national interests in the Community.
The reference to this rule allows me to point out that the State Attorney General constitutes a privileged observatory of the problems arising from competition law as a whole, because it treats the related litigation and consultancy from three different angles, which together constitute a vision global and, at the same time, one of a kind.
In fact, the Advocacy deals with the dispute under examination before the Constitutional Court, helping to assess its impact and compatibility with national law in the light of the principles arising from the Treaty on the Functioning of the European Union. <? xml: namespace prefix = st1 /> The Constitutional Court has recognized that, in the matter of competition (transversal based on Article 117, paragraph 2, letter e), and of a "polyform nature"), it is up to the State both the legislative intervention of macroeconomic importance, that is, the discipline aimed at unifying the instruments of economic policy that concern the development of the entire country, and the competence to establish the point of balance between constitutional interests.
As is well known, the Attorney General's Office deals with disputes on competition matters also before national courts, making its fundamental contribution of broad reflection, because it is also attentive to supranational profiles.
Finally, the Advocacy also deals with the aforementioned dispute before the Court of Justice and the Court of the European Union, for example, through the presentation of observations in preliminary ruling cases proposed by national judges and by the judges of other Member States.
In this regard, I would like to remind you that, in recent years, in particular in the two-year period 2012/2013, the number of preliminary rulings has increased significantly, also in terms of antitrust law and the discipline of state aid carried out by the courts of the Member States.
This data is read, by the most attentive observers, as an expression of the greater attention and sensitivity of the national judges themselves towards a correct application and an interpretation in compliance with the European Union Functioning Treaty of the national legislation on the subject.
Finally, it must be said that some entries in the Dictionary deal specifically with the tasks and role of the European Commission, also with reference to the judicial protection that can be exercised against the acts of the Commission.
The role of the Commission has, in fact, grown over time.
It operates in declared synergy with the competition authorities of the Member States and directly applies the competition rules of the European Union (articles 101-109 of the TFEU), in order to ensure fair and equal competition between all companies. and thus contribute to a better functioning of the European Union markets.
The series of interventions that will follow, due to the authoritativeness of the speakers and the absolute competence in the subject that characterizes them, will certainly provide many ideas for reflection and in-depth analysis of the issues that make up competition law.