The Many Meanings of ‘Competition’ in EC State Aid Law

2007 ◽  
Vol 9 ◽  
pp. 111-131
Author(s):  
Francesco de Cecco
Keyword(s):  
State Aid ◽  
The State ◽  
Regulatory Framework ◽  
Operating Costs ◽  
Regional Government ◽  
Passenger Traffic ◽  
The Many ◽  
Walloon Region

In 2001, the Irish carrier Ryanair and the Walloon regional government reached an agreement the terms of which appeared to be attractive for both sides. Ryanair would commit towards operating a number of its flights from Charleroi airport. In return it would receive a 50 per cent reduction in the amount of landing charges charged by the Walloon regional government, the owner of Charleroi airport. As a result, Ryanair would decrease its operating costs and gain an advantage vis-à-vis its competitors, while the airport and its owner would benefit directly and indirectly from the effects of an increase in passenger traffic. When the agreement was examined by the Commission, the Walloon Region sought to defend the measure by arguing that it had acted in its capacity as owner of the airport and that, viewed in this light, the agreement was not an infringement of the state aid rules, but an economically sound transaction. The Commission rejected this point, holding instead that, in entering into the agreement, the regional government had ‘placed itself in a situation of confusion of powers’, as the commercial need to attract Ryanair to its jurisdiction had caused it to derogate from the generally applicable regulatory framework. Given that the regional government had exercised a power of a regulatory nature, it could not invoke commercial rationality to justify its actions.

The Many Meanings of ‘Competition’ in EC State Aid Law

2007 ◽  
Vol 9 ◽  
pp. 111-131 ◽  
Author(s):  
Francesco de Cecco
Keyword(s):  
State Aid ◽  
The State ◽  
Regulatory Framework ◽  
Operating Costs ◽  
Regional Government ◽  
Passenger Traffic ◽  
The Many ◽  
Walloon Region

In 2001, the Irish carrier Ryanair and the Walloon regional government reached an agreement the terms of which appeared to be attractive for both sides. Ryanair would commit towards operating a number of its flights from Charleroi airport. In return it would receive a 50 per cent reduction in the amount of landing charges charged by the Walloon regional government, the owner of Charleroi airport. As a result, Ryanair would decrease its operating costs and gain an advantage vis-à-vis its competitors, while the airport and its owner would benefit directly and indirectly from the effects of an increase in passenger traffic. When the agreement was examined by the Commission, the Walloon Region sought to defend the measure by arguing that it had acted in its capacity as owner of the airport and that, viewed in this light, the agreement was not an infringement of the state aid rules, but an economically sound transaction. The Commission rejected this point, holding instead that, in entering into the agreement, the regional government had ‘placed itself in a situation of confusion of powers’, as the commercial need to attract Ryanair to its jurisdiction had caused it to derogate from the generally applicable regulatory framework. Given that the regional government had exercised a power of a regulatory nature, it could not invoke commercial rationality to justify its actions.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.

Puzzles of the State Aid Rules on RDI

2019 ◽  
Vol 18 (4) ◽  
pp. 489-509
Author(s):  
C. Buts ◽  
P. Nicolaides ◽  
H. Pirlet
Keyword(s):  
State Aid ◽  
The State

State-Sponsored Inequality

2017 ◽  
Author(s):  
Shuang Chen
Keyword(s):  
Qing Dynasty ◽  
Social Stratification ◽  
Social Hierarchy ◽  
The State ◽  
Structural Inequality ◽  
Political Hierarchy ◽  
History Of ◽  
Agrarian Societies ◽  
Stratification System ◽  
The Many

The book explores the social economic processes of inequality produced by differential state entitlements. Drawing on uniquely rich source materials from central and local archives, the book provides an unprecedented, comprehensive view of the creation of a socio-economic and political hierarchy under the Eight Banners in the Qing dynasty in what is now Shuangcheng County, Heilongjiang province. Shuangcheng was settled by bannermen from urban Beijing and elsewhere in rural Manchuria in the nineteenth century. The state classified the immigrants into distinct categories, each associated with differentiated land entitlements. By reconstructing the history of settlement and land distribution in this county, the book shows that patterns of wealth stratification and the underlying social hierarchy were not merely imposed by the state from the top-down but created and reinforced by local people through practices on the ground. In the course of pursuing their own interests, settlers internalized the distinctions created by the state through its system of unequal land entitlements. The tensions built into the unequal land entitlements therefore shaped the identities of immigrant groups, and this social hierarchy persisted after the fall of the Qing in 1911. The book offers an in-depth understanding of the key factors that contributed to social stratification in agrarian societies in the nineteenth- and early twentieth-century China. Moreover, it also sheds light on the many parallels between the stratification system in Qing-dynasty Shuangcheng and the structural inequality in contemporary China.

Introduction

2018 ◽  
Author(s):  
Graeme D. Ruxton ◽  
William L. Allen ◽  
Thomas N. Sherratt ◽  
Michael P. Speed
Keyword(s):  
Evolutionary Ecology ◽  
The State ◽  
Warning Signals ◽  
The Many

In 2004, the first edition of ‘Avoiding Attack: The Evolutionary Ecology of Crypsis, Warning Signals, and Mimicry’ by Ruxton et al. was published. The book aimed to provide a systematic and up-to-date review and synthesis of widespread anti-predator defences. In it, we focussed on sensorially mediated defences and the many factors that underpin these adaptations, aiming to set out the state-of-understanding in the fascinating world of anti-predator adaptations, and highlight which topics within the field seem most ripe for further investigation....

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