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Author: Francesco de Cecco Publisher: Bloomsbury Publishing ISBN: 1782250514 Category : Law Languages : en Pages : 141
Book Description
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: Francesco de Cecco Publisher: Bloomsbury Publishing ISBN: 1782250514 Category : Law Languages : en Pages : 141
Book Description
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: Edward Elgar Publishing ISBN: 1788978307 Category : Law Languages : en Pages : 352
Book Description
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: Bruno Nascimbene Publisher: Springer ISBN: 3319992260 Category : Law Languages : en Pages : 314
Book Description
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: Oxford University Press, USA ISBN: 0198748698 Category : Business & Economics Languages : en Pages : 321
Book Description
Analyzing 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: Sanoussi Bilal Publisher: Martinus Nijhoff Publishers ISBN: 9789041111845 Category : Political Science Languages : en Pages : 280
Book Description
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: Phedon Nicolaides Publisher: BRILL ISBN: 9004639136 Category : Business & Economics Languages : en Pages : 276
Book Description
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: Herwig Hofmann Publisher: Oxford University Press ISBN: 0198727461 Category : Law Languages : en Pages : 657
Book Description
The rules controlling State aid and subsidies on the EU and the WTO level touch nearly every aspect of national law. Written by a team of experts from the judiciary, practice, academia, and officials, this book provides a thorough and analytic approach to this vital area of law.
Author: Luigi Paganetto Publisher: Routledge ISBN: 1351145746 Category : Business & Economics Languages : en Pages : 359
Book Description
The enlargement process, the creation of the Monetary Union and the need to promote further the political and economic integration of Europe have ignited an intense debate at the European level among researchers and policy-makers. Examining the effects that political, legal, and regulatory institutions have on economic development, this book provides new contributions on the political economy of the European constitution. It covers many issues including social protection, fiscal reform and regional policies that are on the table of European policy makers. Furthermore, it provides ideas and analysis of such issues as the problem of voting reform, the centralization and decentralization of the policy process and the allocation of new policy prerogatives at the EU level which are crucial for the design of a new European constitution.
Author: Clemens Kaupa Publisher: Bloomsbury Publishing ISBN: 1849467692 Category : Law Languages : en Pages : 401
Book Description
This book is based in parts on my dissertation, which I wrote at the University of Vienna ('Dealing with competing socio-economic paradigms in Internal Market Law,' 2013), and my LL.M. Thesis, which I wrote at Harvard Law School ('Towards a distributive analysis of ECJ decisions,'2011)
Author: Herwig C.H. Hofmann Publisher: ISBN: Category : Languages : en Pages : 21
Book Description
The current times of constitutional transformation in the EU place the following question on the agenda: Is the ongoing economic crisis demarcating the end of the original conception of a 'European Economic Constitution' as it has developed since the early days of the EEC? Or are we witnessing simply a shift towards a new more encompassing model of an EU 'Economic Constitution' in which economic government and economic governance tools are used in parallel to deepen integration and continue the spill-over of economic integration into previously national policies? This contribution traces and evaluates conceptual, regulatory, institutional and legitimacy-related changes and challenges to the EU's model of the 'Economic Constitution' as the basic EU legal framework governing economic policy. This chapter argues that the EU's constitutional framework in the form of the existing Treaties and General Principles of EU law did not provide an adequate legal framework to cope with the ongoing crisis. This failure has, in our view, initiated an ongoing transformation of the EU's 'Economic Constitution' as we know it. Laying the foundations for the transformation took place in several consecutive steps mostly on the intergovernmental level and often as a combination of EU law, public international law and in some cases mixed with private law instruments. The nature of this evolution creates challenges with regard to ensuring compliance of these newly developed structures with the Union's foundational principles of ensuring transparency, democratic legitimacy, fundamental rights and effective review mechanisms in the context of a system under the rule of law. In order to illustrate the modes of the continuous transformation of the 'Economic Constitution' and to evaluate the direction it is taking, this chapter will start with tracing its origins and follow its evolution over time. It thereby distinguishes two separate but interlinked elements of the 'Economic Constitution.' It first looks at the original focus of European regulation regarding what we refer to as 'micro-economic' matters with policies including competition law and the control of state aids. This chapter then turns to the evolving focus of EU law the larger questions of economic and fiscal policies which we refer to in the following as the 'macro-economic' element of the constitutional framework.
Author: Francesco de Cecco
Author: Francesco de Cecco
Author: Herwig C.H. Hofmann
Author: Bruno Nascimbene
Author: Juan Jorge Piernas López
Author: Sanoussi Bilal
Author: Phedon Nicolaides
Author: Herwig Hofmann
Author: Luigi Paganetto
Author: Clemens Kaupa
Author: Herwig C.H. Hofmann