New researches in Islamic humanities studies

New researches in Islamic humanities studies

The foundations and effects of business freedom and the application of competition law on the components of citizenship rights and its effects on economic rights in Iran and the European Union

Document Type : Original Article

Authors
دانشیار، گروه حقوق عمومی،دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
10.22034/api.2025.731372
Abstract
Today, in many legal and economic aspects, international institutions and organizations are regulating the freedom of business. Freedom of business is considered one of the indicators of human rights development and also one of the indicators of economic development. Accordingly, the most important goal of this research is to examine the indicators of free business in Iran and the European Union to achieve a more dynamic economy while protecting the rights of citizens. The research questions are: 1) What are the positions of the general economic laws of Iran and the European Union in the application of competition rights and freedom of business? 2) What is the impact of freedom of business and the application of competition rights on the components of citizenship rights? The research findings show: The general economic law system of the European Union, by considering the freedom of business and the absence of obstacles to economic activities, has facilitated competition and prohibited monopolies, and by applying the long-standing rules of competition law, has provided the conditions for freedom of business; However, in the Iranian public economic law system, due to the expansion of state-owned enterprises, the phenomenon of quasi-state economy, incorrect and unsuccessful implementation of privatization, and the weakness and nascent nature of competition law, freedom of business faces numerous legal challenges, which in turn have overshadowed the development of competition law. Also, competition law and free business have been created with the aim of eliminating market shortcomings and also increasing the economic and social welfare of consumers, and the principle of freedom of business, which is one of the basic principles of public economic law, has a great impact on economic health and citizenship rights in society. The research method in this study is descriptive-analytical, and based on scientific descriptions of the extracted materials, the author's analysis of the existing ambiguities and the real position of the subject have been identified and examined.
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Articles in Press, Accepted Manuscript
Available Online from 02 November 2025