Politis

When the Rule Becomes the Exception

Published March 21, 2026, 10:15
When the Rule Becomes the Exception

The article analyzes the relationship between rules and exceptions in economic activity. It argues that freedom of economic activity and the free movement of goods and services are the rule, while any restriction on these must be considered an exception and subject to strict scrutiny. The Court of Justice of the EU has established three key criteria for the legality of restrictions: the legitimacy of the purpose, the proportionality of the measure, and the principle of non-discrimination. Proportionality, in particular, requires the measure to be appropriate, necessary, and not to unduly burden economic activity. The article emphasizes that any competent authority must carefully consider these criteria before imposing any restriction, and that a negative answer to any of them should lead to the abandonment of the measure. Finally, a comprehensive reassessment of existing laws and regulations for licensing and qualifications is proposed.