The Future of EU State Aid Law

Consolidation and Expansion

Juan Jorge Piernas López, Leigh Hancher & Luca Rubini

52.00 EUR

Publisher: EU Law Live Press

Published: 25/05/2023

Language: English

ISBN: 978-84-1369-561-7

Item Weight: 0,88 kg

Dimensions:

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State aid control has been and still is the most unique feature of EU competition policy – a policy area which may offer lessons extending beyond the EU’s boundaries to the various initiatives aiming at regulating the State intervention in the economy at the plurilateral or global level. The goal of this book is to present an analysis of State aid law and policy which does not follow the traditional approach of the now numerous publications in the field.

Some chapters necessarily focus on well-known problematic categories – such as the political economy of State aid control (Buts and Robins), the nature of the definition of aid (see De Cecco, Hancher, Cortese), the compatibility assessment (Buendia-Sierra), or the institutional and constitutional aspects and enforcement (Caranta, De Cecco, Cyndecka, Pastor-Merchante), taxation (Szudoczky), and services of general economic interest (Hogan, Jaeger). Other chapters are devoted to new emerging themes that are shaping the area, such as the ‘extension’ of EU State aid law beyond the territorial constraints of the EU (Rubini, Biondi and Kotsonis, Piernas López), State aid control in times of recurring crises (Ferri, Kyriazis), impact assessment (Barbu-O’Connor, Derenne, Hofmann, Klotz, Vallindas), State aid and activism in relation to the climate crisis (Kleis-Walravens and Delarue), State aid and gender (Finckenberg-Broman and Broman). The terms of references given to the various contributors can be summarised as follows: "think outside the box! Provide a fresh assessment of State aid law and policy. Look at the future".

The book shows that the role of the State aid rules within the Treaty architecture has evolved, in line with the evolution of the internal market, yet in the editors’ view, this role should remain closely connected to the avoidance of distortions of competition created by the selective intervention of Member States in the market, favouring certain undertakings or sectors through financial means.

Juan Jorge Piernas López is a Doctor of Laws from the European University Institute (Florence, 2013). Formerly, he graduated from Harvard University (LL.M., Harvard Law School, 2007), the College of Europe (Master in Advanced European Studies, Natolin, Poland, 2009) and the University of Murcia (Law degree, Spain, 2003). Juan Jorge is currently Jean Monnet Chair holder and Tenured Professor of European Union Law and Public International Law at the University of Murcia (Spain) and international consultant on European Union State aid law and policy for the World Bank and other international and national institutions. He has published extensively on European Union Law.

Leigh Hancher was educated in Scotland, and has a PhD from the University of Leiden. She currently holds a chair in European Law at Tilburg University in �e Netherlands, and chairs in EU Energy Law at the Florence School of Regulation, Italy and at the University of Bergen, Norway. She has published widely on EU energy law and state aid issues.

Luca Rubini is Senior Research Fellow in International and EU Law at the Law Department of the University of Turin, Italy. Previously he held positions at the Law Schools of the University of Birmingham and Leicester in the UK. He is visiting professor to the World Trade Institute (Switzerland) and the Freie Universität Berlin and visiting fellow to the Centre of European Law of King’s College London. Sometime in the past he served as legal secretary in the cabinet of Advocate General Jacobs at the European Court of Justice.

Preface

PART I - THE STATE AID ESSENTIALS

1. The Political Economy of State Aid
2. A Constitutional View of State Aid
3. Quo Vadis notion of aid?
4. Quo Vadis Compatibility?
5. Bringing State aid cases to courts: the need to rethink standing
6. Impact assessment
7. State aid conditionality and misuse of aid

PART II - LEVELLING (UP): EXTENDING EU STATE AID’S LAW REACH

8. Transcending territoriality: Expanding EU State aid control through consensus and coercion
9. The Principle of Competitive Neutrality and the External Reach of EU State Aid Law and Policy
10. The new UK subsidy control system

PART III – THEMATIC ISSUES

11. State Aid Control in Times of Crisis: The COVID-19 Pandemic
12. State aid control in times of crisis: the financial crisis, the missteps and the way forward
13. The future of private enforcement in State aid
14. Examining the wider considerations underpinning State aid and Article 107TFEU: from BUPA to Hinkley Point
15. Effects on Trade and EU State Aid Law: Reality or Chimera?
16. How environmental NGOs are using State aid law to make systemic change
17. Closing gaps between gender equality in law v practice - A gender perspective to State aid law and policy
18. The future relationship between State aid and taxation