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State Aid and the European Economic Constitution [Kõva köide]

  • Formaat: Hardback, 210 pages, kõrgus x laius x paksus: 234x156x22 mm, kaal: 476 g
  • Sari: Hart Studies in Competition Law
  • Ilmumisaeg: 14-Dec-2012
  • Kirjastus: Hart Publishing
  • ISBN-10: 1849461058
  • ISBN-13: 9781849461054
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    • Hart e-raamatud
  • Formaat: Hardback, 210 pages, kõrgus x laius x paksus: 234x156x22 mm, kaal: 476 g
  • Sari: Hart Studies in Competition Law
  • Ilmumisaeg: 14-Dec-2012
  • Kirjastus: Hart Publishing
  • ISBN-10: 1849461058
  • ISBN-13: 9781849461054
Teised raamatud teemal:
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 fills the gap in understanding 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 non-market concerns. (Series: Hart Studies in Competition Law - Vol. 2)

Arvustused

The author's approach is scholarly and touches upon a rather neglected reading of this branch of law. ...this book is an original and thorough study of State aid law through the lenses of the European economic constitution. In particular, it will be of value to state aid scholars as it provides a critical and comprehensive analysis of the most contentious and current issues surrounding EU State aid law. -- Gianni Lo Schiavo * World Competition Law and Economics Review * ...fantastic food for thought for anyone interested in the interplay between internal market and competition law in the European Union and, more specifically, about State Aid law.

Throughout the book, De Cecco's analyses are well-argued and present a fresh look at some key issues in the definition of this area of EU Economic Law...His critical assessments force the reader to reassess some preconceptions about the current status of EU State Aid law and provide some normative arguments to help understand (or criticise) some of these recent developments.

...the level of update of the legal research used in the book is remarkable, particularly in an area of EU Law where changes seem to be permanent and almost unstoppable which is always a challenge. -- Albert Sanchez Graells * European Competition Law Review, Volume 34(6) * ... a great read for anybody seeking a solid and well-argued update on the latest developments. -- Philip Hanke * Journal of Common Market Studies, Volume 52, Issue 2 * ... a refreshingly comprehensive understanding of the impact the EU State aid regime has had on domestic political and economic choices.

The book rightly deserves to be read, consulted and discussed widely by academics and policy-makers alike. While it generally raises more questions than offering clear-cut answers, the questions raised have the capacity fundamentally to redefine the field in the years to come. Future (empirical) research - also conducted on the national levels - will have to demonstrate to what extent the converging dynamics of EU economic constitutional law restructure domestic legal regimes into a singular EU-compatible modus. This book will undoubtedly be a crucial guide in that respect, which in itself is an already monumental achievement. -- Pieter Van Cleynenbreugel * European Law Review, Volume 39(6), 2014 * De Cecco proceeds by discussing this important constitutional balance, mostly, by critically assessing the case law of the European Courts. The authors' legal analysis is superbly eloquent and theoretical reflections are supported and consistently conjoined with analysis of case law, which makes the book a very pleasant read. -- Jotte Mulder * European Journal of Legal Studie *

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