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The Reforms of the European State Aid Control- decentralisation as a new form of governance?

Brunsson, Erik (2009)
Department of Law
Abstract
The European state aid rules have always been one of the most centralised fields of Community law. In order to limit and control the Member States' ability to protect and support their national industry, the Commission has been entrusted with the task to enforce EC rules on different sorts of national aid measures. This has been realised through a far-reaching duty for the Member States to notify their planned aid measures to the Commission. At the same time, the European Competition Law, has went through several reforms of decentralisation, where national competition authorities have been given wider responsibilities and the formerly strict rules have become subject to changes in forms of soft law instruments. These governance networks... (More)
The European state aid rules have always been one of the most centralised fields of Community law. In order to limit and control the Member States' ability to protect and support their national industry, the Commission has been entrusted with the task to enforce EC rules on different sorts of national aid measures. This has been realised through a far-reaching duty for the Member States to notify their planned aid measures to the Commission. At the same time, the European Competition Law, has went through several reforms of decentralisation, where national competition authorities have been given wider responsibilities and the formerly strict rules have become subject to changes in forms of soft law instruments. These governance networks could, in theory, be included under the idea of new modes of governance for the European system. With these trends as reference point, the old system in state aid law has been widely criticised and the Commission itself has, in its latest action plan, opened the door for substantial changes. This thesis analyses the current and potential changes in the balance of power between the Commission and the Member States in state aid matters. By starting in the Treaty itself and going through relevant secondary legislation and case law there appears to be a change of Commission control. In addition, the SAAP reveals the current institutional trends and it seems as the current financial crisis has implications for the governance system in state aid matters. The latest developments cannot give any clear indication to whether or not there is an ongoing decentralisation in real terms or a governmentality- type of development. As the Member States seemingly receives a greater independency in regulating themselves, the Commission maintains mechanisms of surveillance and control. Both materially and procedurally there are signs of real decentralising ambitions but paradoxically the financial crisis might reinforce the Commission's position as a central procedural actor in the system. (Less)
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author
Brunsson, Erik
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EG-rätt
language
English
id
1556544
date added to LUP
2010-03-08 15:55:19
date last changed
2010-03-08 15:55:19
@misc{1556544,
  abstract     = {The European state aid rules have always been one of the most centralised fields of Community law. In order to limit and control the Member States' ability to protect and support their national industry, the Commission has been entrusted with the task to enforce EC rules on different sorts of national aid measures. This has been realised through a far-reaching duty for the Member States to notify their planned aid measures to the Commission. At the same time, the European Competition Law, has went through several reforms of decentralisation, where national competition authorities have been given wider responsibilities and the formerly strict rules have become subject to changes in forms of soft law instruments. These governance networks could, in theory, be included under the idea of new modes of governance for the European system. With these trends as reference point, the old system in state aid law has been widely criticised and the Commission itself has, in its latest action plan, opened the door for substantial changes. This thesis analyses the current and potential changes in the balance of power between the Commission and the Member States in state aid matters. By starting in the Treaty itself and going through relevant secondary legislation and case law there appears to be a change of Commission control. In addition, the SAAP reveals the current institutional trends and it seems as the current financial crisis has implications for the governance system in state aid matters. The latest developments cannot give any clear indication to whether or not there is an ongoing decentralisation in real terms or a governmentality- type of development. As the Member States seemingly receives a greater independency in regulating themselves, the Commission maintains mechanisms of surveillance and control. Both materially and procedurally there are signs of real decentralising ambitions but paradoxically the financial crisis might reinforce the Commission's position as a central procedural actor in the system.},
  author       = {Brunsson, Erik},
  keyword      = {EG-rätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Reforms of the European State Aid Control- decentralisation as a new form of governance?},
  year         = {2009},
}