A New Legal Paradigm of the Market after the Crisis?

Abstract

The economic crisis generated by the pandemic and the response of the States and supra-state organizations has led to the appeal to the active role of the State with policies described as «non-orthodox». The present work aims to to analyze its possible impact on the «economic Constitution» with the use of the Kühn paradigm concept. To this end, the Spanish constitutional regulation and the Treaties of the European Union and their Charter of Fundamental Rights are studied. Both draw a market as a field of constitutionally guaranteed private law, based on private property. This leads to the conclusion that there is no change in the legal paradigm of the market because it only occurs when a social change affects private property and the expropriation guarantee.