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| Author | : Francesco de Cecco |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 210 |
| Release | : 2012-12-14 |
| Genre | : Law |
| ISBN | : 1782250506 |
Download State Aid and the European Economic Constitution Book in PDF, ePub and Kindle
Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.
| Author | : Herwig C. H. Hofmann |
| Publisher | : Oxford University Press |
| Total Pages | : 657 |
| Release | : 2016-07-28 |
| Genre | : Law |
| ISBN | : 0191040886 |
Download State Aid Law of the European Union Book in PDF, ePub and Kindle
Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.
| Author | : Herwig C.H. Hofmann |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 352 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 1788978307 |
Download The Metamorphosis of the European Economic Constitution Book in PDF, ePub and Kindle
Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
| Author | : Clemens Kaupa |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 400 |
| Release | : 2016-08-25 |
| Genre | : Law |
| ISBN | : 1509901094 |
Download The Pluralist Character of the European Economic Constitution Book in PDF, ePub and Kindle
This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.
| Author | : Philipp Werner |
| Publisher | : Kluwer Law International |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Commercial law |
| ISBN | : 9789041151476 |
Download EU State Aid Control Book in PDF, ePub and Kindle
Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.
| Author | : Bruno Nascimbene |
| Publisher | : Springer |
| Total Pages | : 314 |
| Release | : 2019-01-02 |
| Genre | : Law |
| ISBN | : 9783319992259 |
Download The Modernisation of State Aid for Economic and Social Development Book in PDF, ePub and Kindle
This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission’s change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book’s second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.
| Author | : Juan Jorge Piernas López |
| Publisher | : OUP Oxford |
| Total Pages | : 321 |
| Release | : 2015-08-06 |
| Genre | : Law |
| ISBN | : 0191065587 |
Download The Concept of State Aid Under EU Law Book in PDF, ePub and Kindle
How has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.
| Author | : Katrine Lillerud |
| Publisher | : |
| Total Pages | : 390 |
| Release | : 2020 |
| Genre | : Government aid |
| ISBN | : |
Download Nudging States with Policy and Regulation Book in PDF, ePub and Kindle
The thesis asks: What impact does the State aid Modernisation reform have on law enforcement in the European Economic Area (EEA)? The hypothesis is that adjustments in procedural and substantive law can nudge States expenditure and increase the overall coherence in the application of a legal framework. The study highlights some obvious side effects and positive aspects of State aid enforcement under the EEA-model that deserves attention from EU enforcers of State aid law. The outcome of the reform is tested against four benchmarks: (i) efficiency, in reducing notifications to focus on cases with the most impact on the internal market and increase decisional speed, (ii) transparency on how aid measures are assessed both centrally and nationally, (iii) the "userfriendliness" of the legal framework, assessed by the user-frequency and how harmonised terms in regulations and guidelines are, and whether the reform boosts (iv) coherence of States application and expenditure. The thesis is divided in three parts covering all procedural and substantive changes. Part I assesses new and amended tools in the Procedural Regulation, used by the supranational authorities at a centralised level. Part II assesses the three new procedural elements in the General Block Exemption Regulation, which ensures procedures for the States to comply with State aid at a decentralised level. Part III assesses the substantive amendments to block-exemptions and guidelines. The thesis particularly evaluates, whether the right balance is struck between centralised (supranational) and decentralised (national) application of State aid regulation in the reform - and assesses the success of the privatization of legal enforcement at national level. The empirical findings indicate that the amendments are efficient at freeing the Commission's time and nudging States aid expenditures. However, there is still potential for a greater impact if the transparency was increased and thresholds of the information collection tools were lowered.
| Author | : Leigh Hancher |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 384 |
| Release | : 2021-01-29 |
| Genre | : |
| ISBN | : 9781789909241 |
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. Chapters address the significance of State aid to various aspects of the political and legal systems of the Member States, including taxation, the financial sector, and the interplay between EU rules on State aid, free movement and public procurement. The Research Handbook further examines the application of the State aid rules to major sectors of the EU economy and introduces brand new themes for State aid analysis, such as arbitration, social services and the impact of Brexit. Featuring theoretical explorations and empirical studies, this Research Handbook will be crucial reading for scholars and researchers of EU State aid law, especially those searching for new avenues of research. It will also be a useful reference point for officials in national governments and the European Commission who are engaged in the State aid approval process. Judges hoping to expand their knowledge of EU State aid law and policy will also benefit from this insightful Research Handbook.
| Author | : Conor Quigley |
| Publisher | : |
| Total Pages | : 880 |
| Release | : 2015 |
| Genre | : Electronic books |
| ISBN | : 9781782259329 |
Download European State Aid Law and Policy Book in PDF, ePub and Kindle
"This third edition of Conor Quigley's highly acclaimed book offers the most comprehensive and detailed examination of European State Aid law. The book is designed to provide lawyers, regulators, public officials and students with a definitive statement of the law and practice of State Aid. At the same time as placing State Aid law and policy in its economic, commercial and industrial context, the book fully explores the concept of State Aid and its function as a tool of EU law. All of this is achieved by means of the most thorough examination of the extensive jurisprudence of the European Courts and the decisions, legislation and guidelines of the Commission in declaring aid compatible or incompatible with the internal market. The analysis incorporates all the developments wrought by the European Commission's 2013 State Aid Modernisation programme, including detailed chapters on Research & Development, environment and energy, restructuring aid, risk capital for SMEs, as well as sectoral aid including, in particular, a detailed assessment of State Aid and the financial crisis. The Commission's supervisory powers as well as the means of enforcing State Aid law in the EU and national courts are also fully explained."--
