| Acknowledgements |
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vii | |
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xi | |
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xix | |
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1 | (10) |
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2 The Constitutional Framework |
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11 | (20) |
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1 The Concept of a European Economic Constitution |
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11 | (6) |
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A Ordo-liberalism and the European Economic Constitution |
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13 | (2) |
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B The Continuing Relevance of the Concept of Economic Constitution |
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15 | (2) |
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2 The Economic Orientation of the Internal Market Case Law |
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17 | (6) |
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A The Role of Economic Liberalism |
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18 | (2) |
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B The Balance between Internal Market and Social Rights |
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20 | (3) |
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3 The Limits of Constitutional Adjudication |
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23 | (7) |
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A National Identity and the Social Market Economy in the Court |
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24 | (3) |
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B Varieties of Capitalism and Market Integration |
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27 | (3) |
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30 | (1) |
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3 The Distinctive Nature of State Aid Law |
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31 | (28) |
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32 | (11) |
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A State Aid and Antitrust |
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32 | (6) |
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B State Aid and Free Movement |
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38 | (2) |
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C Competition Between States |
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40 | (3) |
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2 Centralisation and its Rationale |
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43 | (7) |
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A Direct Effect, Centralised and Decentralised Enforcement |
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44 | (4) |
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B Administrative Rule-Making |
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48 | (2) |
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50 | (4) |
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A Economic and Non-Economic Considerations |
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50 | (2) |
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B Discretion and the European Interest |
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52 | (2) |
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54 | (5) |
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4 The State as Market Participant |
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59 | (29) |
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59 | (4) |
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2 The Market Operator Principle and its Ramifications |
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63 | (23) |
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A Questioning the Market Operator Principle |
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66 | (1) |
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B From Neutrality to Substantive Equality |
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67 | (14) |
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C The Limits of the Market Paradigm |
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81 | (4) |
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85 | (1) |
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86 | (2) |
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88 | (31) |
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1 The Market Participant-Regulator Boundary |
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88 | (7) |
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95 | (15) |
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A Competitors and Comparators |
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97 | (4) |
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B The Relevance of Objectives |
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101 | (4) |
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C Regulatory Justifications for Unequal Treatment |
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105 | (3) |
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D Towards a `Rule of Reason' in State Aid Law? |
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108 | (2) |
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3 The Use of Public Resources |
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110 | (5) |
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115 | (4) |
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6 State Aid and Self-Government |
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119 | (16) |
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1 The Geographic Dimension of Selectivity |
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120 | (8) |
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A The Relevant Economic Space |
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124 | (2) |
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B The Constitutional Dimension |
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126 | (2) |
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2 The Shifting Scope of Tax Competition |
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128 | (5) |
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133 | (2) |
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7 Funding Public Services |
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135 | (31) |
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1 Services of General Economic Interest |
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136 | (4) |
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2 Compensation for Public Service Obligations |
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140 | (12) |
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A The `State Aid' and `Compensation' Approaches |
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140 | (3) |
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143 | (1) |
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C A Retreat from Altmark? |
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144 | (5) |
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D The Commission Packages |
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149 | (3) |
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152 | (10) |
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A State Aid and the Constitutional Relevance of Solidarity |
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155 | (2) |
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B Evaluating Compensation |
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157 | (5) |
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4 Beyond the Market Participant-Regulator Dichotomy |
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162 | (2) |
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164 | (2) |
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166 | (5) |
| Bibliography |
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171 | (12) |
| Index |
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183 | |