Dalla neutralità alla circolarità tra diritto dell’economia e Costituzione Spunti per un ripensamento del paradigma economico-costituzionale nel contesto dell’economia digitale e post pandemico

Abstract

This work is part of the debate on the delicate relationship between the market economy and democracy, centered on the attempt to identify which of these can be considered an independent variable with respect to the other in the current socio-economic context and in the light of the challenges posed by digitization.  The work focuses in particular on the circularity between economic law and the constitution, where the protection of competition, understood in normative and not merely utilitarian terms, would be aimed at preserving their function of ordering criteria of the exchange processes that take place in the private sphere, also conforming to their rules those that take place in the public sphere in order to determine a balance between the political order, the economic order and the social order.  The thesis on which the article revolves is based on the idea according to which a regulatory approach to the protection of competition, based on the recognition of the circularity between economic law and the constitution, represents an essential condition so that, in the current socio-economic context, liberal democracy and digital capitalism can coexist while preserving a free society.