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Miguel Mota Delgado

Researcher, Department of Law, European University Institute

[email protected]


De-Constitutionalizing EU Competition Law: A Study on the Constitutional Nature of Articles 101 and 102 TFEU 

My research focusses on the constitutional nature of the EU antitrust rules, Articles 101 and 102 TFEU. I have a particular interest on the issue of over-constitutionalisation of EU competition law as a source of displacement of democratic political choice in the EU. I explore this topic primarily through a constitutional law approach to EU law. My goal is to contribute to a better understanding of legal arguments founded on the constitutional nature of the EU antitrust rules, and to guide practitioners in the solution of cases based on this type of reasoning.

Fields of Research and Supervisor

EU Constitutional Law and EU Competition Law, with Professor Nicolas Petit, European University Institute and College of Europe, Thesis Supervisor

Additional Research Interests

EU Procedural Law

State Aid

Internal Market Law

EU Citizenship Law

Human and Fundamental Rights


European University Institute, LL.M. in Comparative, European and International Laws 2022 

College of Europe, LL.M. in European Law 2018

Universidade de Lisboa, Licenciatura in Law, 2017

Academic Appointments and Fellowships

Universidade de Lisboa, Faculdade de Direito, 2019-2021, Guest Lecturer

Lisbon Centre for Research in Public Law, 2016-Present, Research Fellow

Representative Publications

The EU law of a Portuguese institutional crisis: the Data Retention ruling of the Portuguese Constitutional Court, EU Law Live, 2022

Can EU citizens like Roman Abramovich be sanctioned?, EUIdeas, 2022 

We, the Citizens of the European Union: The First Recommendations of the Conference on the Future of Europe’s European Citizens Panels, EU Law Live, 2021 (with Marc Steiert)

It’s the Autonomy (Again, Again and Again), Stupid!: Autonomy Between Constitutional Orders and the Definition of a Judicial Last Word, Verfassungsblog, 2020 (with Francisco de Abreu Duarte)

The Shaping of EU Competition Law, Market and Competition Law Review, Vol. III, Issue 1, 2019

Overview of State Aid in Portugal, European State Aid Law Quarterly, Vol. 18, Issue 2, 2019 (with Philipp Melcher) 

Legal Work Experience

Morais Leitão, Galvão Teles, Soares da Silva & Associados, 2018-2021, Lawyer

Court of Justice of the European Union, Cabinet of Advocate General Bobek, 2018, Legal Intern

Additional Information

Languages: Portuguese, English, French, Spanish, Italian

Qualified to practice Law in Portugal 

Last updated: July 1, 2022