The legal framework of EU state aid in light of the more economic approach : protecting competition or promoting a European industrial policy?
Title: The legal framework of EU state aid in light of the more economic approach : protecting competition or promoting a European industrial policy?
Author: GEBSKI, Szymon
Citation: Florence : European University Institute, 2013
Series/Number: EUI PhD theses; Department of Law
This research aims to analyse the prohibition of State aid and compatibility assessments in the EU from the perspective of the 'more economic approach’ (MEA). The hypothesis enunciated in the thesis is that the MEA in State aid is applied in an instrumental manner, which goes beyond the paradigm of control justified by the coordination of national policies and the reduction of distortions of competition. Hence, the shift takes place with regard to: (i) the definition of the aims of public intervention and (ii) the methods of aid assessment. Firstly, by means of the MEA the Commission pursues a horizontal industrial policy, which presupposes a more pro-active approach and verification of the positive effects of aid, to the detriment of its negative effects. Secondly, the use of the MEA is policy driven - the Commission chooses the MEA to better regulate positive criteria for compatibility of aid, while avoiding applying refined economic analysis: (i) to the definition of aid and (ii) to assess the magnitude of the negative effects of aid. The research conducted here is oriented around four horizontal lines: (i) conflict and complementarities between competition and industrial policy, based on the analysis of State aid rules (ii) shift from negative to positive integration, which implies a transformation of State aid control and coordination into a State aid policy and has consequences for the aims and substantive criteria of the legal framework (iii) a 'better regulation’ of State aid by means of the MEA (iv) the competence of the Member States versus the competence of the Commission in the State aid legal framework.
LC Subject Heading: Subsidies -- Law and legislation -- European Union countries; Government aid -- European Union countries; Competition -- European Union countries
Examining Board: Professor Heike Schweitzer, Universität Mannheim / EUI Supervisor Professor Giorgio Monti, EUI Professor Leigh Hancher, Tilburg University Mr Nicola Pesaresi, European Commission.; Defence date: 3 June 2013
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