Create a right to compete enforced by an EU court.

Market entry is often not possible due to excessive licensing requirements, overly rigid rules (non-principle based), prudential rules (e.g. capital buffers) or regulatory capture.

Giving businesses a fundamental right to compete together with a way to appeal regulatory rulings or excessive permitting delays to an independent EU court.

The EU court could strike down laws and regulation that infringes on the right to competition rights.

Examples could be the political slow-rolling of licenses for new energy plants, outright corruption, standards defined by corporates, inability to start new banks due to high hurdles.

Any unfair advantage bestowed on existing competitors that does not fundamentally derive from customer efforts.

The right to compete would have to be upheld and member states would have to adjust the rules to allow for new market entry and fair competition.

It would work similarly to the “Raad van State” that exists in many countries which is that the entrepreneur can send a complaint or appeal to the EU court and then the EU court can use all its powers (including discovery) to determine if the right to compete is being violated.

The court can then strike down regulations, issue fines, order the government to adjust the rule by a certain time.