Enforcement Of State Aid Rules For Services Of General Economic Interest Before Public Procurement Review Bodies And Courts PDF Download
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Author | : Albert Sanchez-Graells |
Publisher | : |
Total Pages | : 31 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Enforcement of State Aid Rules for Services of General Economic Interest Before Public Procurement Review Bodies and Courts Book in PDF, ePub and Kindle
One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private" enforcement of State aid rules, the 2006 Study on the Enforcement of State Aid Law at National Level recommended that the European Commission created a common minimum standard of remedies applicable in all EU jurisdictions, stressing that "one possible means of creating such a standard would be to adopt a remedies directive for State aid cases, which could be modelled on the remedies directive for procurement cases".Building up on these considerations, the extent to which the existing remedies within the system for the enforcement of EU public procurement rules provide an effective platform to enforce EU State aid rules (and, more specifically, those for the financing of SGEIs) before public procurement review bodies and courts is assessed. The paper describes the main groups of cases where public procurement litigation "phagocytises" State aid considerations. It then proceeds to explore the viability, from an EU law perspective, of configuring public procurement review bodies and courts as "State aid courts" for the purposes of the simultaneous enforcement of both sets of rules in a single setting of "private" litigation. It also submits that using the public procurement system in this way provides effective remedies for the enforcement of the Almunia Package for the financing of SGEIs.
Author | : Caroline Wehlander |
Publisher | : Springer |
Total Pages | : 381 |
Release | : 2016-06-23 |
Genre | : Law |
ISBN | : 9462651175 |
Download Services of General Economic Interest as a Constitutional Concept of EU Law Book in PDF, ePub and Kindle
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
Download Guide to the Application of the European Union Rules on State Aid, Public Procurement and the Internal Market to Services of General Economic Interest, and in Particular to Social Services of General Interest Book in PDF, ePub and Kindle
Author | : Ferdinand Wollenschläger |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 421 |
Release | : 2020-01-09 |
Genre | : Law |
ISBN | : 940350210X |
Download Private Enforcement of European Competition and State Aid Law Book in PDF, ePub and Kindle
Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.
Author | : Leigh Hancher |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download This Won't Hurt a Bit Book in PDF, ePub and Kindle
Where the provision of healthcare services involves undertakings (entities engaged in the provision of goods and/or services on a market) these are subject to the EU state aid rules. State aid questions are raised in particular regarding the compensation for public service provision, which may qualify for exemption as services of general economic interest (SGEI). In the Altmark Case of 2003 the Court of Justice provided criteria for establishing whether aid is in fact involved or not. Where aid exists, this may still be declared compatible with the internal market by the European Commission based on a further set of SGEI criteria that it spelled out in its legislative packages of 2005 and recently in 2011. This paper first looks at the relevant tests in general and then focuses on the main substantive Commission state aid decision with regard to hospital care, involving the public hospitals in the Brussels capital region in 2009. This shows that the Commission leaves considerable leeway for the compensation of public service provision by hospitals. However a more formal approach by the Member States clarifying the scope of their SGEI would help in securing the safe harbour for these services that is provided by the 2011 framework.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
Download Model Rules of Professional Conduct Book in PDF, ePub and Kindle
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Catherine Barnard |
Publisher | : Oxford University Press |
Total Pages | : 977 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198789130 |
Download European Union Law Book in PDF, ePub and Kindle
Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.
Author | : Christopher Bovis |
Publisher | : Edward Elgar Publishing |
Total Pages | : 665 |
Release | : 2016-07-27 |
Genre | : Law |
ISBN | : 1781953260 |
Download Research Handbook on EU Public Procurement Law Book in PDF, ePub and Kindle
Public procurement law is a necessary component of the single market because it attempts to regulate the public markets of Member States and represents a key priority for the European Union. This Research Handbook makes a major contribution to the understanding of the current EU public procurement regime, its interface with the law of the internal market and the pivotal role that this will play in the delivery of the European 2020 Growth Strategy.
Author | : Leigh Hancher |
Publisher | : Edward Elgar Publishing |
Total Pages | : 384 |
Release | : 2021-01-29 |
Genre | : Law |
ISBN | : 1789909252 |
Download Research Handbook on European State Aid Law Book in PDF, ePub and Kindle
This revised and updated Research Handbook on European State Aid Law brings together established academics and practitioners to provide a wide-ranging coverage of the field. Incorporating political science, economics and the law in its analysis, it provides a strong overview of the salient issues in State aid law and policy.
Author | : Sarah Schoenmaekers |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Government aid |
ISBN | : 9781780682747 |
Download State Aid and Public Procurement in the European Union Book in PDF, ePub and Kindle
Published under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University, includes papers from conferences held in Maastricht in 2013 and 2014.