Understanding State Aid Policy In The European Community
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Understanding State Aid Policy In The European Community
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Author : Sanoussi Bilal
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-05-12
Understanding State Aid Policy In The European Community written by Sanoussi Bilal and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-05-12 with Political Science categories.
Why do the Member States of the European Union still grant aid and is that aid compatible with the objective of integration which should result in a better allocation of resources? The main purpose of this book is to explain the principles and methods of EC state aid policy in a manner which is both accessible and useful to practitioners and policy makers, by bringing together contributions from officials (both Community and national), industry representatives, and academics. In particular, it examines both theory on the role and objective of public assistance and current practice controlling such assistance. It addresses the issue of state aid from economic, legal and administrative perspectives and offers detailed information on current practice through case studies. It also considers likely future developments in the Community framework of state aid control. Finally, this book identifies major weaknesses in the present system of state aid rules, and paves the way for a proper economic analysis of the effects of forty years of state aid policy in the European Community.
Understanding State Aid Policy In The European Community
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Author : Phedon Nicolaides
language : en
Publisher: BRILL
Release Date : 2023-12-11
Understanding State Aid Policy In The European Community written by Phedon Nicolaides and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Business & Economics categories.
Why do the Member States of the European Union still grant aid and is that aid compatible with the objective of integration which should result in a better allocation of resources? The main purpose of this book is to explain the principles and methods of EC state aid policy in a manner which is both accessible and useful to practitioners and policy makers, by bringing together contributions from officials (both Community and national), industry representatives, and academics. In particular, it examines both theory on the role and objective of public assistance and current practice controlling such assistance. It addresses the issue of state aid from economic, legal and administrative perspectives and offers detailed information on current practice through case studies. It also considers likely future developments in the Community framework of state aid control. Finally, this book identifies major weaknesses in the present system of state aid rules, and paves the way for a proper economic analysis of the effects of forty years of state aid policy in the European Community.
The Concept Of State Aid Under Eu Law
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Author : Juan Jorge Piernas López
language : en
Publisher: OUP Oxford
Release Date : 2015-08-06
The Concept Of State Aid Under Eu Law written by Juan Jorge Piernas López and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-06 with Law categories.
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.
Regional State Aid And Competition Policy
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Author : Fiona Wishlade
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Regional State Aid And Competition Policy written by Fiona Wishlade and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Business & Economics categories.
The increasing importance attached to the economic and social cohesion of the European Union since the 1980s, and the role of competition policy in achieving this objective, has special significance for the control of regional aids, given the general ban on State aid. Regional aids are considered to have the potential to contribute to economic and social cohesion and to undermine its attainment. The notion of competition policy as an instrument of economic and social cohesion has become a standard part of Commission rhetoric in defence of its actions. This book is concerned with the influence of EU competition policy on the regional policies of the Member States. It focuses on how the European Commission has interpreted the derogations from the State aid ban to enable the conduct of regional aid policies. The book takes both a historical perspective, tracing the evolution of policy, and a thematic one, examining in particular the relationship between EU competition and cohesion policies and the treatment of aid to very large projects. The author clearly demonstrates that, in reality, the competition policy control of regional aids is of much longer standing than the community?s explicit regional aid policy and, in many respects, of arguably greater influence. She shows how competition policy has for almost thirty years shaped the design, scope and implementation of national regional aid policies; in no EU country has regional policy been unaffected by Commission intervention in the name of competition policy. Moreover, the policy principles developed for the EU now apply extraterritorially to members of the European Economic Area and to the current applicant countries. The study?s overall perspective is policy-oriented. It considers both the impact of Commission intervention in the past and the implications of policy for the future, especially in the context of enlargement and a wider Europe. It will be an invaluable resource for all policymakers and practitioners active in the fields of economic development, regional policy and State aid law at European, national and subnational levels.
State Aid Law Of The European Union
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Author : Herwig C. H. Hofmann
language : en
Publisher: Oxford University Press
Release Date : 2016-07-28
State Aid Law Of The European Union written by Herwig C. H. Hofmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
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.
State Aid Policy In The European Community
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Author : Phedon Nicolaides
language : en
Publisher:
Release Date : 2008-01-01
State Aid Policy In The European Community written by Phedon Nicolaides and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with History categories.
Following directly on from the completion of the European Commission's State Aid Action Plan, this thorough guide provides a concise review of the current State aid policy of the European Community. Certain kinds of State aid are no longer allowed, some other kinds are now possible, while certain types and amounts of aid are now subject to more detailed and rigorous assessment. Increasingly, Member States tend to shift emphasis from supporting individual companies or sectors, towards pursuing horizontal policy objectives. The book not only explains the principles on which European State aid policy is based and how it is applied in practice, but also highlights recent legislation adopted with the ultimate aim of directing Member States towards meeting the Lisbon objectives and responding to successive European Council calls for 'less and better targeted aid'. The authors identify the most recent sources of EC law on State aid, and analyse the latest landmark European Commission decisions and judgments of EU Courts. They also offer useful guidance on how to design State aid measures. Among the many specific topics covered are the following: - the balancing test for compatibility with the common market; - exceptions for transport and 'services of general economic interest'; - the Commission's supervisory control; and - State aid monitoring procedures. Numerous revealing case studies are presented, and useful appendices offer legislative texts and insights into defined areas of practice such as de minimis aid, the SME definition, risk capital for SMEs, aid for research and development and innovation, aid for rescue and restructuring, regional aid, or finally aid foragricultural, environmental or transport purposes. The guide has developed from seminars on EC State aid law and policy organised during the past decade by the European Institute of Public Administration (EIPA). In line with those seminars, this book will be of great practical value for policymakers and practitioners managing State aid in the public administrations of the EC Member States and its partner countries
Research Handbook On European State Aid Law
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Author : E. Szyszczak
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-11-01
Research Handbook On European State Aid Law written by E. Szyszczak and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Business & Economics categories.
ÔErika Szyszczak and the team have come up trumps with a modern comment on state aid and policy. Thank you!Õ Ð Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine ÔThis fine collection of essays demonstrates in a very articulate way why EU State aid law has taken the centre stage of EU law. In eighteen chapters the reader is provided with a fascinating snapshot of the main issues and developments of the law. The key elements of the EU policy are analysed in a critical way often leading to new insights. In addition the book contains a wealth of material greatly facilitating further research.Õ Ð Piet Jan Slot, University of Leiden, The Netherlands ÔEuropean state aid law needs more self-questioning and more intellectual debate. In my view, this Research Handbook is a very valuable contribution to this necessary process. It correctly identifies the most intellectually problematic issues within state aid law and asks the right questions. This may be due to the balance in the excellent selection of contributors, coming both from the academia and from practice. This guarantees, on the one hand, that the questions are relevant in practice and not purely theoretical but also provides, on the other hand, for a rigorous analytical approach when confronting the issues. The result is a fresh and interesting new look to many of the basic issues of state aid law.Õ Ð JosŽ Luis Buendia Sierra, Garrigues, Brussels, Belgium, and KingÕs College London, UK ÔThis Research Handbook provides an in-depth exploration of some of the most difficult and controversial issues in current State aid law and policy. It is unusual in providing not only a legal but also an economic and political science perspective on this rapidly developing area of EU law. The Handbook will be a welcome addition to the shelves of State aid practitioners and academics alike.Õ Ð Kelyn Bacon, Brick Court Chambers, London, UK This timely new Handbook reflects on current issues that confront State aid law and policy in the EU. State aid was a neglected area of competition law until attempts to modernise it became central to the Lisbon process 2000 where the aim was to encourage ÔintelligentÕ State aid by reducing aid to specific sectors and by making better use of aid for horizontal projects central to EU integration concerns. This policy framework has underpinned the new approach to State aid policy in the EU in recent years and informs many of the chapters in this book. Contributions from leading academics, regulators and practising lawyers, discuss topics devoted to modernisation, problems faced by recent enlargements of the EU, the role of State aid in the fiscal crisis and recession, the role of the private market investor test, regional aid, environmental aid and the review of the Altmark ruling. Perspectives on State aid law and policy from the disciplines of economics and political science are also explored in detail. Research Handbook on European State Aid Law will appeal to academics, regulators, national and EU government officials, practitioners and postgraduate students who are involved in State aid law.
State Aid Policy In The European Community
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Author : Phedon Nicolaides
language : en
Publisher:
Release Date : 2005
State Aid Policy In The European Community written by Phedon Nicolaides and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Competition, Unfair categories.
As full market integration in the EC comes into clearer perspective, the danger of distortions of competition become more evident. Although state aid may be provided to undertakings for a variety of reasons that may be considered to be beneficial to the economy, effective liberalisation may be undermined by state interventions, which weaken competition and prevent the achievement of market integration. State aid is thus considered to be in principle incompatible with the common market, although the well-known qualifications in Article 87 EC imply that certain exceptions are possible. This guide, which has grown out of seminars conducted by the European Institute of Public Administration in Maastricht, provides a concise overview of the state aid policy of the European Community. It explains the principles on which this policy is based, and how it is applied in practice. It also identifies the primary and secondary sources of EC law on state aid and makes references to landmark Commission decisions and Court cases, both of which sources it cites extensively. Among the many important issues the book addresses in depth are the following: what constitutes effective competition; effect on trade of aid incompatible with the common market; evaluating necessity, proportionality, and other criteria for providing aid; agriculture, transport, and other exceptions; services of general economic interest (SGIE); new aid versus existing aid; formal investigation procedure; and recovery of unnotified aid. The presentation focuses on those issues that are of practical relevance to policymakers and practitioners managing state aid in the public administrations of the EC Member States and its partner countries. It offers the quickest and most reliable guide to applying Commission decisions and Court rulings on state aid, as well as to practice in the various Member States.
Eu State Aid Control Of Infrastructure Funding
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Author : Corinne Ruechardt
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-07-03
Eu State Aid Control Of Infrastructure Funding written by Corinne Ruechardt and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-03 with Law categories.
The elements of infrastructure – roads, transportation, electricity, water, communications, schools, hospitals – are so ingrained in the fabric of daily life that few people give a second thought to who provides them, and how. Yet, they are controlled by an extensive and complex regulatory system. Moreover, the EU’s State aid modernization plan has made infrastructure a crucial aspect of competition law. How did EU State aid law turn into regulation on whether a city can build a new airport, or how it may operate a school? And what do the rules actually mean for infrastructure funding? These are the questions this book, the first comprehensive guide to EU State aid law in this key sector and a major contribution to the debate on the topic, seeks to answer. In its thorough review of the legal literature as well as relevant legislation and case law, this book covers such aspects of the infrastructure-State aid nexus as the following: – role of infrastructure in competition law; – infrastructure funding as aid and its compatibility with the internal market; – impact on land development and other ongoing activities; – sector-specific impact of State aid regulation on the design of infrastructure projects; – risk management; and – newer infrastructure sectors such as sports and cultural and healthcare projects. At many points in the presentation, the case-by-case analysis provides individual appraisals. In addition to focusing on the complex rules and how they have been interpreted in the decisional practice of the Commission and in the EU case law, this book provides deeply informed proposals for reform. This is a key work in a field of EU law that has developed and changed dramatically in recent years. It is sure to be of immeasurable value to practitioners and jurists in State aid law, competition law, and public procurement, as well as market actors (aid beneficiaries and competitors), policymakers, government officials, and business persons in these fields.
The Modernisation Of State Aid For Economic And Social Development
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Author : Bruno Nascimbene
language : en
Publisher: Springer
Release Date : 2018-11-28
The Modernisation Of State Aid For Economic And Social Development written by Bruno Nascimbene and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-28 with Law categories.
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.