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The Definition of Subsidy and State Aid by Luca Rubini Pdf
Presenting a conceptual analysis of the definitions of state aid and subsidy in EC and WTO law, this text provides a comparative analysis of the regulation of subsidy in both systems. Rubini examines the coherence of the conceptual understanding of subsidy and the grounds for legitimate state intervention.
The Definition of Subsidy and State Aid by Luca Rubini Pdf
This book presents a conceptual analysis of the definitions of state aid and subsidy in EC and WTO law. It provides a comparative analysis of the regulation of subsidy in both systems, examining the coherence of the conceptual understanding of subsidy and the grounds for legitimate state intervention.
Regulation of Subsidies and State Aids in WTO and EC Law by Gustavo E. Luengo Hernández de Madrid Pdf
Preliminary Remarks --Economic Analysis of Subsidies --Evolution of the Regulation of Subsidies in International Trade: From the GATT to the WTO --The Regulation of Subsidies in the Agreement on Subsidies and Countervailing Measures --The Regulation of Subsidies in the Agreement on Agriculture --Subsidies in the WTO: The 'Foreign Sales Corporations' Case --Evolution of the State Aid Rules in the EC --The Notion of 'State Aid': Article 87.1 of the EC Treaty --State Aids Compatible with the Common Market --Procedural Issues: Control of State Aids in the EC and Recovery of State Aids --Agricultural Subsidies in the EC --Comparison of the WTO and EC Rules on Subsidies and State Aids --Conformity of the EC State Aid Rules With the WTO: Suggestions --Final Remarks.
State Aid Policy in the European Community by Phedon Nicolaides,Μιχάλης Κεκελέκης,Maria Kleis Pdf
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
European State Aid Law and Policy (and UK Subsidy Control) by Conor Quigley Pdf
The fourth edition of Conor Quigley's highly acclaimed book provides lawyers, regulators and public officials with a definitive statement of the law and practice of State Aid. The book places State Aid law and policy in its economic, commercial and industrial context, exploring the concept of State Aid and its function as a tool of EU law. All of this is achieved by a thorough examination of the 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 fourth edition includes new chapters on: - COVID-19 and Ukraine emergency measures - Brexit - EU foreign subsidy regulation - UK Subsidies Control and updated guidelines and block exemption regulations on: - Regional aid - R&D&I - Environmental protection and climate change
Government Subsidies by Mr.Benedict J. Clements,Mr.Gerd Schwartz,Réjane Hugounenq Pdf
This paper addresses the problems of defining and measuring government subsidies, examines why and how government subsidies are used as a fiscal policy tool, assesses their economic effects, appraises international empirical evidence on government subsidies, and offers options for their reform. Recent international trends in government subsidy expenditure are analyzed for the 16-year period from 1975 to 1990, using general government subsidy data for 60 countries from the System of National Accounts (SNA) and central government expenditure on subsidies and other current transfers for 68 countries from Government Finance Statistics (GFS). The paper reviews major policy options for subsidy reform, focusing on ways to improve the cost-effectiveness of subsidy programs.
Sixty Years of EU State Aid Law and Policy by Eugene Stuart,Iana Roginska-Green Pdf
If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations. Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following: – linkages to other established and evolving EU common policies and common strategies; – effect of EU State aid rules in the expanding geopolitical regions of EU influence; – interaction with the WTO Subsidies and Countervailing Measures Agreement; – the problem of a ‘subsidies culture’; – how the European Commission’s notion of ‘bad’ State aid has evolved; – effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation; – nexus with EU tax harmonisation; – competition among undertakings versus competition among Member State policies; and – nature of the quasi-devolution of regulatory responsibilities to EU Member States. This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.
Perverse Subsidies by Norman Myers,Jennifer Kent Pdf
Much of the global economy depends on large scale government intervention in the form of subsidies, many of which are perverse in that they damage economies and environments. This study offers a view of subsidies world-wide with focus on the extent, causes and consequences of perverse subsidies.
State Aid and the Energy Sector by Leigh Hancher,Adrien de Hauteclocque,Francesco Maria Salerno Pdf
This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.
Research Handbook on European State Aid Law by Leigh Hancher,Juan J. Piernas López Pdf
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.
Research Handbook on European State Aid Law by E. Szyszczak Pdf
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 Law of the European Union by Herwig Hofmann,Claire Micheau,Bucura C. Mihaescu-Evans Pdf
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 practicing 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 Modernization 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 defense instruments, including WTO subsidy law and EU anti-subsidy law.
OECD Sustainable Development Studies Subsidy Reform and Sustainable Development Economic, Environmental and Social Aspects by OECD Pdf
These proceedings present an overview of approaches for assessing subsidies and associated taxes and look at country experiences in reforming subsidies in agriculture, fisheries, industry and transport.
Grain Subsidies in Ukraine by Kataryna Zelenska Pdf
Grain Subsidies in Ukraine is the first attempt to examine impact of international trade law on Ukrainian policies in the cereals sector. The author focuses on the role of WTO law and the EU-Ukraine Association Agreement in force since 2016.
