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This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.
Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.
The extraordinary double crisis of the COVID-19 pandemic and the war in Ukraine has given rise to an unprecedented geopolitical dilemma for the EU institutions, especially in the energy sector – that of ensuring the security of energy supply while at the same time upholding committed emission targets. Against this backdrop, this important and timely volume provides guidance on how to address the crucial trade-offs that must be navigated, considering areas of competition policy where the most challenging objectives must be met. The contributing authors, who include prominent practitioners and academics, members of the European Commission, and representatives of national competition authorities, address various issues around the new energy dilemma in relation to such aspects as the following: affordability of energy prices; EU energy infrastructures; solidarity amongst Member States; reform of the electricity market design and competition enforcement; fitness and appropriateness of EU State aid tools; and competition enforcers’ perspectives. The book gathers and revises papers and presentations given at the 2023 Annual Conference of the Global Competition Law Center (GCLC) of the College of Europe. Although other constraints beyond the security of supply and the path towards a green economy do, of course, exist, they do not alter the existence of the trade-offs and rather make them even more problematic and unavoidable. Consequently, all professionals and officials involved in shaping energy policy will greatly appreciate this invaluable book. For practitioners, policymakers and academics working on competition law, the book will provide valuable food for thought and guidance in the years ahead.
This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.
This book is the product of the good will and hardwork of many people. The contributors, all recognized experts in their fields, are thanked for providing thoughtful, informative chapters and for accommodating editorial suggestions and revisions. Westview Press is thanked for providing the opportunity to address a serious omission in the energy literature. The Geography Department at the University of Maryland made a similarly generous commitment of secretarial staff and faciltiies. Allen Eney aided in the construction of computerized maps. Many skilled, conscientious individuals at state energy offices, public utility commissions, the U.S. Department of Energy, and other organizations supplied essential data and produced many of the analytic studies that underlie the contents of the book. Patti Leedham provided patient and expert typing through numerous revisions of the chapters and many tables. Patricia Sawyer provided essential guidance, support, and proofreading throughout the entire effort.
If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations. Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following: – linkages to other established and evolving EU common policies and common strategies; – effect of EU State aid rules in the expanding geopolitical regions of EU influence; – interaction with the WTO Subsidies and Countervailing Measures Agreement; – the problem of a ‘subsidies culture’; – how the European Commission’s notion of ‘bad’ State aid has evolved; – effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation; – nexus with EU tax harmonisation; – competition among undertakings versus competition among Member State policies; and – nature of the quasi-devolution of regulatory responsibilities to EU Member States. This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.
In recent years African countries have taken great strides in their response to the demand for reliable contractual and institutional forms of doing business and for high-quality dispute resolution mechanisms. Modern international arbitration has taken root, with certain countries actively embracing modern harmonized arbitral practice, and others in the process of change and development. This unprecedented volume assembles for the first time a country-by-country analysis – both practical and insightful – of how arbitration is conducted in 46 African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include current and former judges, distinguished practitioners, academics, and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: ; adherence to the key arbitration conventions; the modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction; access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on Africa-based investor-State arbitration, providing an empirical analysis of the experience and record of African States with investment treaties and investor-State arbitration. Useful tables of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, and other tabular features round out the volume. The book will be welcomed by arbitration practitioners and legal academics everywhere as the essential guiding light in what is rapidly becoming a crucially important area of international arbitration practice.
This volume collects the proceedings of the Conference sponsored by Regione Siciliana and Regione Autonoma di Sardegna, under the patronage of the Conference of Regions and Autonomous Provinces and the Islands Commission of the Conference of Maritime and Peripheral Regions (CMPR), at the Chamber of Deputies (Refectory Room of Palazzo S. Macuto) on December 10, 2021. In addition to this works, there are also some reflections held at the subsequent Seminar held on April 8, 2022, at the Rome headquarters of Regione Siciliana on the proposal: "The condition of insularity between Europe and Italy," with the intervention of the French MEP, Younous Omarjee, President of the Committee on Regional Development (REGI) of the EU Parliament.