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How has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.
How has the evolution and transformation of the Common Market affected the legal concept of State aid within the European Union? Juan Jorge Piernas López, an expert in European law, utilizes historical, constitutional, and economic analysis to argue that the concept of State aid functions as a 'living instrument' shaped by both European Commission policy priorities and the evolving case law of the Court of Justice. The author contends that a holistic understanding of these influences is necessary for navigating complex legal decision-making processes in contemporary competition law.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this work as a significant contribution to the understanding of the dynamic nature of EU competition law. Readers frequently note the academic density of the prose and the author's success in synthesizing complex policy shifts with rigorous case law analysis.
Page Count:
320
Publication Date:
2015-01-01
Publisher:
OUP Oxford
ISBN-10:
0191065595
ISBN-13:
9780191065590
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