scholarly journals State Aid Rules and Public Financing of Infrastructure. The Case of Autostrada Wielkopolska S.A.

2020 ◽  
Vol 10 (1) ◽  
pp. 77-96
Author(s):  
Paulina Kubera

Abstract The operation of a toll road typically involves an economic activity for which State aid rules apply. However, if the construction and operation of the road infrastructure is bundled and they are tendered out together, they usually fall outside the State aid regime. The reason for it lies in the fact that the use of competitive procurement procedures aim to increase the efficiency of public expenditure and to ensure a level playing field for private operators to compete for public contracts. Nevertheless, based on the European Commission’s decisional practice, it transpires that an economic advantage for a concession holder cannot be ruled out automatically, in particular when there are amendments made to the original agreement. On the example of the Autostrada Wielkopolska S.A. case, critical State aid issues are discussed, among others, the application of State aid rules to public financing of infrastructure, the amendments made to a concession contract in the light of the risk assignment problem, as well as the existence of State aid in the form of overcompensation for a concession holder. The considerations are carried out on the canvas of a concrete case; however, they are enriched by the analysis of relevant legal provisions as well as conclusions from the EU courts and the European Commission decisions made in similar cases.

Author(s):  
Jarosław ODACHOWSKI

Aim: Public aid can be involved even in such peculiar public activity sector as culture and heritage conservation. Hence, the EU projects implemented in this area may be subject to legal restrictions on state aid. In this respect, particular legal doubts concerning state aid arise in the context of “impact on trade” premise. This situation is a consequence of both lack of clear definition thereof and the peculiar nature of culture projects. The present paper is aimed at identifying particular issues that ought to be taken into account when determining the possible impact on trade (recommendations for judicature). These issues aren’t actually defined in law, but only in few judgments and literature. Hence, there is a necessity to make further researches.Design / Research methods: Analysis of legal provisions, judgments and literature.Conclusions / findings: 1) It is practically impossible for relevant legal acts to encompass all possible instances of public aid in culture projects. Undoubtedly, judicature (both, of the ECJ and Polish administrative courts) attempts to fill in this peculiar gap by examining and resolving individual cases. 2) Nonetheless, the judicature is not able to account for all possible situations that can be encountered when implementing projects co-financed by the EU, either3) due to the specific nature of this project category, all the above-mentioned aspects and possible interrelations among them need to be considered in great detail. Therefore, each and every case has to be examined separately and individually 4) each of the elements should be examined in detail at every stage of determining whether public aid is granted in a given case (here: from the perspective of possible impact on trade) – both by beneficiaries of the EU funds as well as by institutions involved in management and control system and by administrative courts 5) in individual situations, the sequence of occurrence and intensity of individual elements may differ, which means that each and every case needs to be examined and resolved separately as regards the possible impact on trade and, consequently, the presence of public aid. Originality / value of the article: Contemplated problems are a subject of few judgments and literature. Value of this article is a scientific deepening of all discussed issues. This one is addressed to beneficiaries of the EU funds as well as to institutions involved in management and control system and administrative courts. Implications of the research: This article will enable beneficiaries and mentioned institutions and courts to interpret occurrence of public aid in above-mentioned projects in the appropriate way.


Author(s):  
Antonio Bar Cendón

Este artículo analiza las medidas de reforma adoptadas en el marco de la UE y de sus Estados miembros a efectos de introducir y consolidar en sus respectivos ordenamientos jurídicos el principio básico de estabilidad financiera o presupuestaria, conocido comúnmente como la "regla de oro "; es decir, la exigencia de que toda la administración pública, en sus diferentes niveles de gobierno, mantenga de manera permanente una situación presupuestaria de equilibrio o de superávit. Así, primer lugar, se analizan los precedentes en el Derecho constitucional comparado de esta exigencia constitucional y luego las reformas de los textos constitucionales realizadas en Alemania, España e Italia, pero también la frustrada reforma constitucional iniciada en Francia. y, en segundo lugar, se analizan las reformas en la gobernanza económica de la UE, realizadas tanto a través de documentos político-estratégicos, que establecen el marco general y los principios básicos de actuación, como a través de textos jurídicos que los desarrollan y aplican en la práctica. Así, el artículo analiza en detalle documentos político-estratégicos como el Pacto de Estabilidad y Crecimiento, Europa 2020, el Semestre Europeo, el Pacto por el Euro Plus; y las previsiones jurídicas del Art. 126 del TFUE y el procedimiento aplicable en caso de déficit excesivo; la reforma del Art. 136 del TFUE y el Mecanismo Europeo de Estabilidad; el paquete de seis medidas jurídicas conocido como "The Six Pack"; y la propuesta de nuevas medidas jurídicas de refuerzo en este terreno conocido como "The Two Pack". El artículo, finalmente, analiza también el Tratado de Estabilidad, Coordinación y Gobernanza en la Unión Económica y Monetaria, concluido al margen del ordenamiento jurídico de la UE, y las más recientes propuestas del Consejo Europeo de 28-29 de junio de 2012, sobre un nuevo "Pacto por el Crecimiento y el Empleo" y el informe del Presidente del Consejo Europeo titulado "Hacia una auténtica Unión Económica y Monetaria".This article analyzes the reforms adopted by the EU and its Member States addressed at introducing and consolidating in their respective legal systems the basic principle of financial or budgetary balance, commonly known as the "golden rule "; that is to say, the requirement by which the whole of the public administration, at its different levels of government, must keep on a regular basis a situation of balanced budget or with surplus. In this line, this article analyzes firstly the precedents of this legal requirement in comparative constitutional law and then the amendments made by Germany, Spain and Italy on their constitutional texts, but also the frustrated constitutional reform initiated in France. And secondly, this article analyzes the reforms made in the economic governance of the EU by means of both politicalstrategic documents - which establish the general framework and the basic governing principles - and legal provisions which develop and implement them. In this respect, this article analyzes political-strategic documents such as the Stability and Growth Pact, Europe 2020, the Euro Plus Pact; and the legal provisions of Art. 126 of the TFEU and the excessive deficit procedure; the amendment of Art. 136 of the TFEU and the European Stability Mechanism; the set of six legal instruments commonly known as "The Six Pack ": and the new reinforcing set of two legal instruments - still under discussion - commonly known as "The Two Pack ". Finally, this article analyzes also the Treaty on Stability, Coordination and Governance in the Economic and Monetary Un ion, agreed outside the framework of the EU legal system, and the recent proposals adopted by European Council of June 28- 29, 2012, concerning a new "Compact for Growth and Jobs" and the President of the European Council report "Towards a Genuine Economic and Monetary Union ",


2017 ◽  
Vol 28 (2) ◽  
pp. 36-40
Author(s):  
Dariusz Starkowski ◽  
Paweł Bardziński

Abstract In 2013, the Polish legal system referring to municipal waste management was restructured in a revolutionary way. The analysis of new provisions of law described in the article requires particular attention, taking into account their place in the entire system of dealing with waste and connections with the remaining elements of this system. At present, Polish regulations lay down the rules of conduct with all types of waste, diversifying a subjective area of responsibility. These assumptions are determined by the provisions of law that are in force in the Republic of Poland. At present, the system of legal provisions is quite complex; however, the provisions of law of the EU constitute its base (the first article). At the level of Polish law, the goals and tasks concerned with dealing with waste were set forth, which leads to tightening of the system. All actions in this respect - from propagating the selective accumulation and collection of municipal waste, keeping the established levels of recycling and recycling of packaging wastes, and limiting the mass of biodegradable waste directed at the storage - is only a beginning of the road to reduction of environmental risks. In this case, permanent monitoring of proper waste dealing in the commune, the province as well as the entire country is essential. Third part of the article will present characterization, division, classification and identification of waste, together with the aspects of logistic process of municipal waste collection and transport.


2005 ◽  
Vol 11 (2) ◽  
pp. 71-77 ◽  
Author(s):  
Juozas Bivainis

Since the restoration of independence (1990) significant changes were made in all aspects of Lithuania's economy. The achievements of the country in the area of economic development are obvious ‐ the essential preconditions for faster economic growth and approaching to the social‐economical life standards of advanced countries were created during a transition period. The exceptional role between different factors of social‐economical development of the country is ascribed to public finance. The statistics shows persuasive common world tendency of public expenditure growth. It can be explained in relation to historical changes of the sense, role and principles of management. The comparison of 1995–2001 year indicators, describing the public expenditure of Lithuania with the other countries including four new residents of the EU (Czech Republic, Estonia, Latvia, Poland), five old ones (Austria, Belgium, Denmark, Germany, United Kingdom) and two representatives of CIS (Belorus and Rusia) is resulted by certain main conclusions. The Republic of Lithuania occupies one from below place in a diminution row between twelve countries which were selected for the investigation. It is a characteristic feature of the last investigated year (2001) as well as an average of three investigated years (1995, 1998, 2001). The structure of public expenditure on function section of our country is similar to one of other new members of the EU, Lithuania made steps during 1995–2001 towards the structure of public expenditure on function and economic classifications the countries ‐ old residents. The relative changes of Lithuanian public expenditure in function section were the largest between all the investigated countries, while the change of total public expenditure (% of GDP) was the smallest. The disclosed comparative estimates of public expenditure on these scale and structure and its tendencies can be used as a reference point for creating the fiscal policy, improving public sector management and implementation of national budget reforms. These estimates may also serve as arguments for tax reforms what is a topical issue for the present time.


2020 ◽  
Vol 5 (1) ◽  
pp. 13
Author(s):  
Arman Syah Putra

The problem raised in this research is the implementation of ERP (Electronic Road Price) which will be applied in several street corners of the capital of Jakarta, many pros and cons that will occur in its application, ranging from its licensing to its application in the field, socialization to users the road in the capital is very important to do because it will directly intersect with motorized motorists in the capital of Jakarta, in its application also must be considered using what tools are best placed in every corner of the capital to help smooth the system to be applied, in this research the author will provide suggestions and frameworks so that the implementation of the ERP system (Electronic Road Price) can be carried out right away, with the suggestions that have been made are expected to influence the policies that will be made in terms of ERP (Electronic Road Price) in the future.


2006 ◽  
Vol 56 (1) ◽  
pp. 1-43
Author(s):  
Sándor Richter

The order and modalities of cross-member state redistribution as well as the net financial position of the member states are one of the most widely discussed aspects of European integration. The paper addresses selected issues in the current debate on the EU budget for the period 2007 to 2013 and introduces four scenarios. The first is identical to the European Commission's proposal; the second is based on reducing the budget to 1% of the EU's GNI, as proposed by the six net-payer countries, while maintaining the expenditure structure of the Commission's proposal. The next two scenarios represent radical reforms: one of them also features a '1% EU GNI'; however, the expenditures for providing 'EU-wide value-added' are left unchanged and it is envisaged that the requisite cuts will be made in the expenditures earmarked for cohesion. The other reform scenario is different from the former one in that the cohesion-related expenditures are left unchanged and the expenditures for providing 'EU-wide value-added' are reduced. After the comparison of the various scenarios, the allocation of transfers to the new member states in terms of the conditions prevailing in the different scenarios is analysed.


2019 ◽  
Vol 25 (2) ◽  
pp. 197-201
Author(s):  
Tudor-Vlad Sfârlog

Abstract The present study offers the doctrine of the right of intellectual creation new perspectives on the study of the institution of termination of the assignment contract for the patrimonial rights resulting from the intellectual creation. We believe that the present study is rich in doctrinal contributions, formulating new theses and opening the prospect for new perspectives of scientific research. Last but not least, we appreciate that the proposals made in the present study contribute not only to the activity of opinionated in the field, but also to the work of practitioners and direct beneficiaries of the legal provisions on the assignment of patrimonial rights of authors.


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