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State Aid and the European Economic Constitution

By: Francesco de Cecco
Media of State Aid and the European Economic Constitution
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Published: 14-12-2012
Format: Hardback
Edition: 1st
Extent: 210
ISBN: 9781849461054
Imprint: Hart Publishing
Series: Hart Studies in Competition Law
Dimensions: 234 x 156 mm
RRP : £65.00
 

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Loren Epson

About State Aid and the European Economic Constitution

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.

Table Of Contents

1. Introduction

PART I

2. The Constitutional Framework
1. The Concept of a European Economic Constitution
A. Ordo-liberalism and the European Economic Constitution
B. The Continuing Relevance of the Concept of Economic Constitution
2. The Economic Orientation of the Internal Market Case Law
A. The Role of Economic Liberalism
B. The Balance between Internal Market and Social Rights
3. The Limits of Constitutional Adjudication
A. National Identity and the Social Market Economy in the Court
B. Varieties of Capitalism and Market Integration
4. Conclusion

3. The Distinctive Nature of State Aid Law
1. Family Resemblances
A. State Aid and Antitrust
B. State Aid and Free Movement
C. Competition Between States
2. Centralisation and its Rationale
A. Direct Effect, Centralised and Decentralised Enforcement
B. Administrative Rule-Making
3. Discretion
A. Economic and Non-Economic Considerations
B. Discretion and the European Interest
4. Conclusion

PART II

4. The State as Market Participant
1. State Attribution
2. The Market Operator Principle and its Ramifications
A. Questioning the Market Operator Principle
B. From Neutrality to Substantive Equality
C. The Limits of the Market Paradigm
D. Legal Certainty
3. Conclusion

5. The State as Regulator
1. The Market Participant–Regulator Boundary
2. Selectivity
A. Competitors and Comparators
B. The Relevance of Objectives
C. Regulatory Justifications for Unequal Treatment
D. Towards a 'Rule of Reason' in State Aid Law?
3. The Use of Public Resources
4. Conclusion

PART III

6. State Aid and Self-Government
1. The Geographic Dimension of Selectivity
A. The Relevant Economic Space
B. The Constitutional Dimension
2. The Shifting Scope of Tax Competition
3. Conclusion

7. Funding Public Services
1. Services of General Economic Interest
2. Compensation for Public Service Obligations
A. The 'State Aid' and 'Compensation' Approaches
B. Altmark and Beyond
C. A Retreat from Altmark?
D. The Commission Packages
3. Defining SGEIs
A. State Aid and the Constitutional Relevance of Solidarity
B. Evaluating Compensation
4. Beyond the Market Participant-Regulator Dichotomy
5. Conclusion

8. Conclusion

Reviews

“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

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