An overview of the main issues set forth in the Notice on the notion of State aid: a new “code of conduct” for the States (original) (raw)
Related papers
2009
In line with current tendencies of ‘new modes of governance’, this essay introduces judicial tools, which strike a balance between the respect for national autonomy in individual assessments and the effective implementation of Community law. The balance is struck through the demands of structural guarantees; administrative safeguards, which weed out arbitrary national decision-making. These administrative safeguards are particularly needed in areas where the Member States of the EU have been granted a wide margin of discretion. Examples of demands for structural guarantees are the provision of transparent and accessible legislation and administrative procedures based on objective criteria, as well as the access to effective judicial review. Together, they create a system of checks to prevent the discretion from turning into arbitrariness. All of these demands are ultimately emanating from the principle of rule of law, on which the European Community is said to be founded. The existe...
Autumn Conference on European State Aid Law 2017
The conference adressed specific issues on State aid Law: Interplay of State aid and Strcutural Funds regimes; the notion of "aid´and `no effect on trade´, the impact of State aid control on fiscal law; State aid in environmental and energy sectors - tax specific considerations and the lates jurisprudence on EU State aid matters.
State aid modernisation: another reform?
ERA Forum, 2013
On 8 May 2012, the Commission adopted its Communication on State aid modernisation. Two years later, most elements of the reform have come into force. This was the most comprehensive overhaul in the history of State aid control. First, the Council quickly agreed to amendments of the Enabling Regulation, enlarging the scope of measures that can be exempted from notification, and of the Procedural Regulation, enhancing the investigative powers of the Commission and introducing the possibility for the Commission to intervene in national litigation. Second, the Commission issued new versions, based on a common structure, of its horizontal guidelines and frameworks: regional aid, risk finance, environmental protection with the addition of energy, research and development and innovation, rescuing and restructuring of undertakings in difficulty, a new document concerning important projects of common European interest, and some important sectorial instruments (broadband, aviation). Third, the Commission adopted a new de minimis regulation and a new, comprehensive block exemption regulation, intended to cover the majority of national aid measures.
State Aid Control: Are the Standards and the Institutional Setting Appropriate?
2018
The European Union (EU) is one of the few jurisdictions in the world that has introduced specific legal provisions for controlling State aid. The Treaty provisions are structured in such a way that the Commission is in principle obliged to authorize every single grant of aid. This has proven to be practically impossible, the more so today with 28 EU members. As a result, the Commission has issued a number of exemption and de minimis rules, for which notification is not required, aimed at ensuring a fast track for compatibility. Compatibility, however, is too often (wrongly) confused with optimality and much of State aid, while compatible, may not be optimal. The European Commission has made some effort to remedy this. For example, the modernization of State aid rightly enhanced the role of economic analysis and the need to identify a market failure before State aid is granted. This means rethinking the way individual decisions are taken, but also introducing some changes to the bloc...
State Aid in the EU – Less and More Targeted?
The financial and economic crisis, which unfolded in the Autumn of 2008, has given rise to a number of plans and strategies. One of these was the ongoing reform of the EU state aid policy launched in 2005, with the slogan ‘less and more targeted’. The European Commission’s economic recovery plan of November 2008 has given a new direction to these reforms. The first, and most relevant, manifestation of this has been the temporary framework, published in December 2008, and all the state aid measures under this scheme, in force to December 31, 2010. In our study, after introducing the legal and strategic background, we examine Member States’ activities under the state aid scheme from the start of the crisis in the Autumn of 2008 until the Summer of 2010. At the end of our investigation we have come to the conclusion that state aid has by no means become less – and neither is it better targeted.
A conditional restriction of the member states: The state aid policy of the European Union
2005
IN TURKISH:OZETHükümetler piyasalara (dışsallıklar gibi) konvansiyonel nedenler, stratejik ticaret politikası, vergi rekabeti ve ekonomi politik yüzünden müdahale etmektedir. Sübvansiyonlar hükümet müdahalesi araçları arasında bulunmaktadır. Uluslararası ticaret bağlamında tahrifat yaratabilirler. Sübvansiyonlar genel olarak optimal olarak kullanılmazlar. Bu nedenle çoktaraflı olarak düzenlemeye tabi tutulurlar. Avrupa Birliği sübvansiyonları, piyasa tahrifatları ile faydalar arasında bir denge kurmaya çalışan Devlet yardımları politikası ile düzenlemektedir. Devlet yardımları politikası esas olarak Komisyon tarafından uygulanan uluslarüstü bir politikadır.Politikanın açıklanması için Cournot duopolü içeren üçüncü piyasalı bir stratejik ticaret politikası modeli geliştirilmiştir. Yazına Glowicka ve Collie tarafından yapılan en yeni katkılar takip edilerek çıktı sübvansiyonları yerine yatırım sübvansiyonları dikkate alınmıştır. Komisyon’un toplumsal refahı maksimize eden değil, kanun...
EC Law on State Aid; Legal Framework, Case Law and The Story in The Alitalia State Loan Case
Masaryk University journal of law and technology, 2009
The EC Treaty does not include any definition of State aid. Nevertheless, the Commission and the European Courts have construed the definition so that we should regard State aid as any advantage granted directly or indirectly through State resources. The ECJ has e.g. in Belgium v Commission stated that aid is ‘defined in regards to its effect, and not its aim or form’. Four cumulative elements must be shown to satisfy the test for State aid which mean that the measure must be specific, it must grant an advantage to an undertaking, the aid must come from State resources, the advantage must distort competition and have an effect on Trade between Member States. Under the first criterion (the measure must be specific) we should understand general economic policy norms (growth- and stability-oriented macroeconomic policies which should sustain economic growth in the short term, create the possibility for growth in the medium-term and the capacity for structural changes in longer-term). A...