The Future Of Eu State Aid Law

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2024-07-01
Category : Education
ISBN : 8413695619

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The Future of Eu State Aid Law by Anonim Pdf

Author : Pamela Finckenberg-Broman
Publisher : Springer Nature
Page : 327 pages
File Size : 54,7 Mb
Release : 2022-09-28
Category : Law
ISBN : 9783031101083

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Weaponizing EU State Aid Law to Impact the Future of EU Investment Policy in the Global Context by Pamela Finckenberg-Broman Pdf

This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU’s trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU’s incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law.

Author : Herwig C. H. Hofmann,Claire Micheau
Publisher : Oxford University Press
Page : 700 pages
File Size : 54,8 Mb
Release : 2016-07-28
Category : Law
ISBN : 9780191040887

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State Aid Law of the European Union by Herwig C. H. Hofmann,Claire Micheau 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 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 : Pier Luigi Parcu,Giorgio Monti,Marco Botta
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 49,8 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788975254

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EU State Aid Law by Pier Luigi Parcu,Giorgio Monti,Marco Botta Pdf

The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive “check” by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.

Author : Leigh Hancher,Juan J. Piernas López
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 51,9 Mb
Release : 2021-01-29
Category : Law
ISBN : 9781789909258

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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.

Author : Bruno Nascimbene,Alessia Di Pascale
Publisher : Springer
Page : 314 pages
File Size : 50,5 Mb
Release : 2018-11-28
Category : Law
ISBN : 9783319992266

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The Modernisation of State Aid for Economic and Social Development by Bruno Nascimbene,Alessia Di Pascale Pdf

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 : Leigh Hancher,Tom Ottervanger,Pieter J. Slot
Publisher : Sweet & Maxwell
Page : 1283 pages
File Size : 44,5 Mb
Release : 2012
Category : Law
ISBN : 9780414046566

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EU State Aids by Leigh Hancher,Tom Ottervanger,Pieter J. Slot Pdf

An invaluable resource to all those involved in advising or litigating matters of state aid, from lawmakers to regulators, lawyers, economists and courts. This fully revised 4th edition presents detailed practical guidance to the law and practice in the European Union as it stands today, together with the relevant primary law materials

Author : Corinne Ruechardt
Publisher : Kluwer Law International B.V.
Page : 490 pages
File Size : 42,8 Mb
Release : 2018-07-03
Category : Law
ISBN : 9789041191168

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EU State Aid Control of Infrastructure Funding by Corinne Ruechardt Pdf

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.

Author : Phedon Nicolaides,Sanoussi Bilal
Publisher : BRILL
Page : 276 pages
File Size : 43,7 Mb
Release : 2023-12-11
Category : Business & Economics
ISBN : 9789004639133

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Understanding State Aid Policy in the European Community by Phedon Nicolaides,Sanoussi Bilal Pdf

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.

Author : Carla De Pietro
Publisher : Kluwer Law International B.V.
Page : 337 pages
File Size : 52,6 Mb
Release : 2019-08-14
Category : Law
ISBN : 9789403514246

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New Perspectives on Fiscal State Aid by Carla De Pietro Pdf

New Perspectives on Fiscal State Aid Legitimacy and Effectiveness of Fiscal State Aid Control Edited by Carla De Pietro Based on a project co-funded by the European Commission, this book focuses on fiscal state aid – an increasingly important topic – with a number of high-profile cases ongoing and with serious implications for sustainable growth and the future of the internal market. The project, conducted by four universities, consisted in seminars, workshops and a final conference aimed at training national tax judges from the four different countries involved (Austria, Belgium, Italy and the Netherlands), with discussion and reflection by international academics and other tax professionals who participated as speakers and/or discussants. This book presents an in-depth analysis of the topics the project dealt with, taking a giant step towards defining the connection between effective state aid control, its legitimacy and a desirable functioning of the internal market for the twenty-first century. The core elements of this fundamental analysis include the following: selectivity as applied in the case law of the Court of Justice; whether and to what extent state aid law limits European Union (EU) Member States in designing anti-tax avoidance measures; protection of legitimate expectations; to what extent national judges are required to apply state aid rules ex officio; powers of national judges in connection with the national obligation of guaranteeing an immediate and effective recovery on the basis of an order issued by the European Commission; and connection between legitimacy of state aid law and effectiveness of state aid control. The book includes a thorough investigation of the notion of fiscal state aid, also by focusing on the most recent decisions of the European Commission concerning mismatches. Representing, as it does, an important and concrete contribution to the intense debate about the interpretation of the notion of fiscal state aid, with different normative views about the goals and functions of control, this book will stimulate solutions in terms of legitimacy of fiscal state aid control that also take into consideration the most desirable functioning of the internal market. It will be welcomed not only by academics in taxation and EU law but also by national tax judges, tax authorities and practitioners.

Author : Juan Jorge Piernas López
Publisher : Oxford Studies in European Law
Page : 321 pages
File Size : 43,9 Mb
Release : 2015
Category : Law
ISBN : 9780198748694

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The Concept of State Aid Under EU Law by Juan Jorge Piernas López Pdf

An analysis of the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.

Author : Eugene Stuart,Iana Roginska-Green
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 45,7 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041189240

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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.

Author : LEIGH. OTTERVANGER HANCHER (TOM. SLOT, PIET JAN.)
Publisher : Unknown
Page : 128 pages
File Size : 42,9 Mb
Release : 2020
Category : Electronic
ISBN : 0414080556

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EU STATE AIDS. by LEIGH. OTTERVANGER HANCHER (TOM. SLOT, PIET JAN.) Pdf

Author : Francesco de Cecco
Publisher : Bloomsbury Publishing
Page : 210 pages
File Size : 42,7 Mb
Release : 2012-12-14
Category : Law
ISBN : 9781782250500

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State Aid and the European Economic Constitution by Francesco de Cecco Pdf

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 : Conor Quigley
Publisher : Unknown
Page : 880 pages
File Size : 47,9 Mb
Release : 2015
Category : Electronic books
ISBN : 1782259325

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European State Aid Law and Policy by Conor Quigley Pdf

"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."--