scholarly journals De minimis state aid

2021 ◽  
Vol 59 (2) ◽  
pp. 87-106
Author(s):  
Nebojša Jovanović
Keyword(s):  
European Union ◽  
State Aid ◽  
The State ◽  
Economic Conditions ◽  
Eu Law ◽  
State Aids ◽  
The Eu

In this paper the author analyses de minimis state aid as an exception from the principle of prohibiting the state to help some undertakings in order not to privilege them among other undertakings and to violate their equality on the market. Author explains the notion of de minimis aid, justification of this exception from the prohibition of granting the state aid, privilege that its provider and beneficiary enjoy in comparison with other types of allowable ("compatible") state AIDS, as well as the methods of preventing the circumvention of rules about its granting. Th e author compares the rules of European Union and Serbia in this question, pointing to differences between them. Th e conclusion is that Serbia regulates de minimis aid superficially and vaguely, with important deviations from the EU law. Besides, author contemplates the adequacy of the EU allowable sum of de minimis aid within Serbian economic conditions.

Value and Structure of Public Aid in Poland Against the European Union Background During the Years 2007-2012

2014 ◽  
Vol 9 (1) ◽  
pp. 17-29
Author(s):  
Roman Kisiel ◽  
Małgorzata Kamińska ◽  
Wiesława Lizińska
Keyword(s):  
European Union ◽  
European Commission ◽  
Consumer Protection ◽  
State Aid ◽  
The State ◽  
The European Union ◽  
The Public ◽  
Public Aid ◽  
Increasing Trends ◽  
The Eu

Evaluation of changes in the value and structure of public aid in Poland and EU during the years 2007-2012 was the objective of the paper. The data from reports by the Office of Competition and Consumer Protection as well as data from the State Aid Scoreboard published by the European Commission based on the information provided by the Member States concerning that aid was used. In Poland, evident increasing trends of the horizontal aid value can be observed. In 2012, as compared to 2007, it increased by 0.5 billion euro to the level of 1.64 billion euro. Its share in the total value of support oscillates within 55-60% range. In the European Union that share is generally at the level of 70-74%. In Poland, the sectoral aid is limited gradually although its magnitude still differs from the Union standards. In 2012, the share of that aid was relatively small at ca. 14% while in the EU it was 12.9%. The regional aid is at the similar level both in Poland and in the EU oscillating around 20%. However, in 2012, the share of regional aid in Poland increased to the level of 26% and it was higher by 8 pp than the share of that aid in the EU. Significant differences are characteristic for the share of the aid in the GDP. During the period covered by the study the largest differences occurred in 2010 when the share of support in Poland was 1.7% of the GDP and in the EU 0.6% of the GDP. In 2012, a half of the public aid in Poland was allocated to large enterprises. 

scholarly journals Compatibility of the State Aid Recovery Order with the General Principles of EU Law

2017 ◽  
Vol 5 (1) ◽  
pp. 73
Author(s):  
Marek Rzotkiewicz
Keyword(s):  
Member State ◽  
General Principle ◽  
Case Law ◽  
State Aid ◽  
The State ◽  
Current Paper ◽  
Eu Law ◽  
Eu Legislation ◽  
Court Of Justice ◽  
The Eu

According to the Article 16.1 of Regulation 2015/1589 the Commission shall not require recovery of the aid if this would be contrary to a general principle of EU law. The potential existence of such a contradiction can be then of un utmost significance to a Member State and aid beneficiaries. However, notwithstanding its significance, the notion of a general principle of EU law has not been defined in the EU legislation, has been derived from the case law of the Court of Justice. The current paper strives to analyze different sorts of general principles of the EU law and their impact on the recovery obligation, especially as such an obligation differs between particular principles. Some of those principles have no significance at all on the existence of the recovery order, while others can, and sometimes even should, bar the Commission from ordering a Member State to recover an aid.

scholarly journals EU LAW AND STATE AIDS IN AGRICULTURE

2013 ◽  
Vol 2 (2) ◽  
pp. 81-90
Author(s):  
Martin Janků
Keyword(s):  
Legal Framework ◽  
State Aid ◽  
Eu Law ◽  
Agriculture Sector ◽  
The Common ◽  
Special Rules ◽  
Eu Commission ◽  
State Aids ◽  
Block Exemption ◽  
The Eu

Abstract Regulation of state aids form an integral part of the EU law from its very origin. Various special rules on provision of state aids were created as secondary law rules by the EU Council and EU Commission. They distinguish between horizontal and sectoral state aid. Horizontal aid concerns schemes potentially benefiting all undertakings regardless of their industry. Sectoral aid is targeted at specific industries or sectors. The paper deals with the legal framework of state aid rules in the agriculture sector. As first, it discusses the extent to which the State aid rules have been generally applied in the agriculture sector by the EU Council under Article 36 of the Treaty, together with the extent to which they have been specifically applied under the regulations which govern both the .common organizations of the market and rural development. Following chapter analyses the agriculture de minimis Regulation, which sets out circumstances in which agricultural aid is sufficiently small that Article 107/1 TFEU will be not applied. Thereafter the paper focuses on the provisions of the Agriculture Block Exemption Regulation and, finally, on agricultural aid that falls to be notified to the Commission as being authorized under the Agriculture Guidelines.

scholarly journals State aid to airports as a problem of competition in the EU

2021 ◽  
Author(s):  
Stanislava Furčáková ◽  
◽  
Anna Tomová
Keyword(s):  
European Union ◽  
European Commission ◽  
State Aid ◽  
The European Union ◽  
Time Duration ◽  
Member States ◽  
State Aids ◽  
The Eu

The paper deals with the issues of state aid to airports in the context of pandemic and competition in the European Union. Covering the current pandemic, the paper brings findings on the number of state aid cases, forms of state aids, chronology of state aids, and the time duration between the notification and the decision of European Commission. In the conclusions, old member states of the European Union are compared with newer member states in this regard. As it shows that European Commission understands current aviation situation and approves measures notified by the Member states of Union.

Part II The Notion of State Aid, 1 Criterion of State Origin

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
State Aid ◽  
The State ◽  
Public Authority ◽  
The European Union ◽  
State Aids

This chapter identifies the criterion for assessing State origin. Determining whether a measure originates from State sources is a decisive criterion to assess whether the measure is a State aid within the meaning of Article 107 of the Treaty on the Functioning of the European Union (TFEU). This criterion involves two separate and cumulative sub-criteria: the direct or indirect granting of State resources and the imputability of the measure to the State. Accordingly, advantages granted directly or indirectly through State resources constitute State aids within the meaning of Article 107(1) TFEU. Meanwhile, the State ‘imputability’ criterion is easily fulfilled when the aid is granted by a public authority or by a public or private body which is designated to administer the measure.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

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