State Aid and the European Economic Constitution : Hart Studies in Competition Law - Francesco De Cecco

State Aid and the European Economic Constitution

By: Francesco De Cecco

Hardcover | 14 December 2012 | Edition Number 1

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Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in- market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.
Industry Reviews
The author's approach is scholarly and touches upon a rather neglected reading of this branch of law. ...this book is an original and thorough study of State aid law through the lenses of the European economic constitution. In particular, it will be of value to state aid scholars as it provides a critical and comprehensive analysis of the most contentious and current issues surrounding EU State aid law. -- Gianni Lo Schiavo * World Competition Law and Economics Review *
...fantastic food for thought for anyone interested in the interplay between internal market and competition law in the European Union and, more specifically, about State Aid law.

Throughout the book, De Cecco's analyses are well-argued and present a fresh look at some key issues in the definition of this area of EU Economic Law...His critical assessments force the reader to reassess some preconceptions about the current status of EU State Aid law and provide some normative arguments to help understand (or criticise) some of these recent developments.

...the level of update of the legal research used in the book is remarkable, particularly in an area of EU Law where changes seem to be permanent and almost unstoppable - which is always a challenge. -- Albert Sanchez Graells * European Competition Law Review, Volume 34(6) *
... a great read for anybody seeking a solid and well-argued update on the latest developments. -- Philip Hanke * Journal of Common Market Studies, Volume 52, Issue 2 *
... a refreshingly comprehensive understanding of the impact the EU State aid regime has had on domestic political and economic choices.

The book rightly deserves to be read, consulted and discussed widely by academics and policy-makers alike. While it generally raises more questions than offering clear-cut answers, the questions raised have the capacity fundamentally to redefine the field in the years to come. Future (empirical) research - also conducted on the national levels - will have to demonstrate to what extent the converging dynamics of EU economic constitutional law restructure domestic legal regimes into a singular EU-compatible modus. This book will undoubtedly be a crucial guide in that respect, which in itself is an already monumental achievement. -- Pieter Van Cleynenbreugel * European Law Review, Volume 39(6), 2014 *
De Cecco proceeds by discussing this important constitutional balance, mostly, by critically assessing the case law of the European Courts. The authors' legal analysis is superbly eloquent and theoretical reflections are supported and consistently conjoined with analysis of case law, which makes the book a very pleasant read. -- Jotte Mulder * European Journal of Legal Studie *

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