Author: Bruno Nascimbene Publisher: Springer ISBN: 3319992260 Category : Law Languages : en Pages : 315
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: Rossella Miceli Publisher: Springer Nature ISBN: 3030887359 Category : Law Languages : en Pages : 268
Book Description
This book analyzes the issue of European fiscal State aid in order to provide insights into the related evolution prospects and legal problems. State aid has assumed a central position in the field of taxation, becoming the most important instrument of European legal integration, especially in the area of direct taxes. This is the result of major regulatory and interpretative development, which has altered the initial European and national balances in the face of globalization and the problems of the new economy. In this context, the scope and objectives of State aid have progressively broadened, encompassing a significant level of both positive and negative integration of European national tax systems.
Author: Bruno Nascimbene Publisher: Springer ISBN: 9783319992259 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: Robert Böttner Publisher: Springer Nature ISBN: 3031423615 Category : Electronic books Languages : en Pages : 1510
Book Description
The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty on European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from all across Europe and different legal traditions, some from a constitutional law background, others experts in the field of international law and EU law. Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.
Author: Pamela Finckenberg-Broman Publisher: Springer Nature ISBN: 3031101081 Category : Law Languages : en Pages : 327
Book Description
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: Pier Luigi Parcu Publisher: Edward Elgar Publishing ISBN: 1788975251 Category : Law Languages : en Pages : 263
Book Description
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: Matthew Louis Bishop Publisher: Routledge ISBN: 1000373703 Category : Political Science Languages : en Pages : 200
Book Description
This book charts the way towards a better, repurposed globalization, which it calls ‘reglobalization’, and shows how this can be built, incrementally but realistically, via reforms to the partial and fragile existing structures of global governance. In making this argument, the book firmly rejects the new fashion for a politics of deglobalization, which has appeared of late in both left-wing and right-wing variants. Instead, it suggests that a reformed Group of 20 (G20), for all its current inadequacies, can still provide the critical coordinating function that the management of a process of reglobalization requires. The book argues that globalization is too important to be lost; rather, it needs to be saved from its capture by neoliberalism and rebuilt around different values for a post-neoliberal era. The emergence of global pandemic as an issue only goes to emphasise the necessity, importance and urgency of the reglobalization project. Reglobalization is essential reading for everybody living in the era of globalization, which is all of us, and worried about its many economic, social and political problems, which is a growing number of us. The chapters in this book were originally published in the journal Globalizations.
Author: Leigh Hancher Publisher: Edward Elgar Publishing ISBN: 1789909252 Category : Law Languages : en Pages : 384
Book Description
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: Daniele Gallo Publisher: Taylor & Francis ISBN: 1000589293 Category : Law Languages : en Pages : 132
Book Description
This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.
Author: Theodoros G. Iliopoulos Publisher: Taylor & Francis ISBN: 1040255426 Category : Law Languages : en Pages : 214
Book Description
The book analyses how State aid law and the law of the free movement of goods apply to renewable energy support schemes, how they have impacted on the design and implementation of national support schemes, and how they have been instrumentalised to affect national renewable energy support policies. Legal theory and practice have not given a methodical answer to the following questions: when do renewable energy support schemes constitute State aid? When are they compatible with the internal market? When do they pose fiscal or nonfiscal trade barriers? And are such trade barriers justifiable? This book answers such questions from a theoretical and a practice-oriented point of view, and it aspires to elucidate how EU primary law should apply to support schemes. It critically analyses case law and it interprets and examines the practical application of primary EU law, secondary State aid legislation, as well as soft law State aid guidelines. This book will be of interest to practitioners, judges, academics, and students and policymakers who are interested in scrutinising the legality of renewable energy support schemes within the EU legal order.
Author: Bruno Nascimbene
Author: Rossella Miceli
Author: Bruno Nascimbene
Author: Robert Böttner
Author: Pamela Finckenberg-Broman
Author: Pier Luigi Parcu
Author: Matthew Louis Bishop
Author: Leigh Hancher
Author: Daniele Gallo
Author: Theodoros G. Iliopoulos