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The public administration of the internal market
No full textThis book is borne out of the observation of a certain gap in the legal literature on the European internal market, which has traditionally focused on substantive issues - such as the content and the scope of the rules on free movement, including adjacent policies such as State aid control - and on their impact on the allocation of powers between the European institutions and Member States. Little attention has been devoted to the way in which these rules shape the administrative institutions in charge of securing the internal market. This is, precisely, the subject of this book. The book builds on the notion of "European administrative union" and, hence, on an understanding of the European administration as a sum of institutions, bodies or agencies - both European and national - which act cooperatively. It is against this complex reality that the different chapters of the book scrutinize the organizational and procedural specificities of the different public administrations that interact in the internal market. Some chapters address these issues from a cross-sector perspective (e.g., the studies on the public administration associated to the four fundamental freedoms or the study on independent regulatory authorities) while others do so from a sector-specific perspective (e.g., the studies on the banking union, the European system of State aid control, the European networks of competition and food authorities, or the administrative implications of public procurement rules). The combination of both perspectives provides new insights into the administrative dimension of the internal market.-- Chapter 1 : An Economic Introduction to the European Internal Market: Current Situation and Regulatory Challenges, Asunción López and José M. Mella
-- Chapter 2 Cooperative Administrations and Free Movement Goods: The Example of Food Safety Management in the European Internal Market, Juan Antonio Chinchilla Peinado
-- Chapter 3 Free Movement of Professionals: the Mutual Recognition Administration, Jorge Agudo González
-- Chapter 4 Administrative Controls and Free Movement of Services within the Internal Market, Mónica Domínguez Martín
-- Chapter 5 The Banking Union as an Integration and Consolidation Tool of the European Internal Market, Federico Steinberg
-- Chapter 6 The Administration for the Enforcement of European Competition Law, Julia Ortega Bernardo
-- Chapter 7 The Administration of the Rules on State Aid, Fernando Pastor Merchante
-- Chapter 8 Organisational Forms and Structures of the Public Procurement Administration in the European Internal Market, Silvia Díez Sastre
-- Chapter 9 Limitations on Fees Levied to Finance the Administrations of the Internal Market, César Martínez Sánchez
-- Chapter 10 The ‘Union of Independent Regulatory Authorities’ of the European Internal Market, Francisco Velasco Caballero
-- Chapter 11 The Cooperative Administration in the Internal Market: In Search of a Typology, Jorge Agudo Gonzále
The follow-up of Hotel Cipriani / Comitato “Venezia Vuole Vivere”
No full textVenezia Vuole Vivere : Cases T-231/00, T-260/00 and T-261/00 : Annotatio
Jurisdicción contencioso-administrativa y responsabilidad patrimonial
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On the Rules of Standing to Challenge State Aid Decisions Adopted at the End of the Preliminary Phase
No full textThis contribution analyses the judgments of the Court of Justice [ECJ] in the Kronoply and Kronotex and Deutsche Post and DHL cases. Although they concern different sectors, both cases share a common procedural itinerary. They both have their origin in a decision not to raise objections to a State aid plan adopted by the Commission without opening the formal investigation procedure. Moreover, both decisions were challenged before the General Court [GC] by private applicants with limited locus standi – i.e., by applicants who satisfied the Cook/Matra test of standing but failed to meet the stricter conditions laid down by Cofaz. Finally, the appeal brought before the ECJ in both cases turned on the conditions that need to be satisfied for the Cook/Matra rule of standing to be applicable and on the constraints that the limited locus standi of the applicants imposes on the jurisdiction of the GC
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The role of competitors in the enforcement of state aid law /
No full textThe role of competitors in the enforcement of state aid law
Get PDFDefence date: 6 October 2014Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Marise Cremona, European University Institute; Professor Leigh Hancher, Tilburg University; Professor José María Rodríguez de Santiago, Universidad Autónoma de Madrid.State aid law is made up of rules and procedures whose main characters are the Member States – as the addressees of the norms – and the Commission – as their enforcer. The prominent position of these two actors often overshadows the impact that the administration of the rules on State aid has on private undertakings, be it the beneficiaries of State aids or their competitors. This thesis is concerned with the latter. The aim of the thesis is to assess the extent to which competitors may rely on the rules on State aid to protect themselves against the potentially harmful effects of subsidies and other forms of state, financial assistance to firms. This endeavour raises two challenges. The first challenge is to identify the channels through which competitors may voice their interest in the context of a system of governance to which they are in principle alien. This is the issue of access. The second challenge is assess the likelihood that the Commission shall heed to the concerns voiced by competitors. In other words, the challenge is to gauge the power of influence that competitors may exert through each of these channels. This is the issue of leverage. In order to carry out this inquiry, the thesis scrutinizes the means of redress available to competitors before national courts (“private enforcement”), as well as the opportunities that they have to make their voice heard in the course of the Commission’s procedures (“public enforcement”) – namely, the possibility to lodge complaints, the possibility to participate in the consultation phase of Article 108(2) TFEU and the possibility to seek the judicial review of State aid decisions
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