Public Services and State Aid – is a Decentralisation of State Aid Policy Necessary?
Author
Summary, in English
The impact of European Union law on the regional and local levels in the Member States has been underestimated for a long time now. Today, however, it is clear that the impact of European Union law on these levels is important, not least as a consequence of the deregulation that has been carried out in most Member States in recent years.
As local markets open up for competition, the scope of EU law is extended. Competition and state aid rules, for instance, become applicable. Naturally, EU law allows for considerations to be taken other than those of free competition, but the Member States must avail themselves of the possibilities that exist. One precondition is that they in such a situation use the tools provided by European Union law in order to correct markets that do not function satisfactorily. This is primarily a matter of classifying certain services as “services of general economic interest” and of respecting the EU law requirements connected with the provision of such services. The relevant part of
EU law is, however, complex and constantly evolving. This analysis aims to comment on the current state of EU law and the Commission’s proposed revision of the EU state aid rules with regard to services of general economic interest. The author is of the opinion that a decentralisation of state aid policy should be considered in order
to ensure a correct and rational application of the state aid rules as regards the financing of services of general economic interest.
As local markets open up for competition, the scope of EU law is extended. Competition and state aid rules, for instance, become applicable. Naturally, EU law allows for considerations to be taken other than those of free competition, but the Member States must avail themselves of the possibilities that exist. One precondition is that they in such a situation use the tools provided by European Union law in order to correct markets that do not function satisfactorily. This is primarily a matter of classifying certain services as “services of general economic interest” and of respecting the EU law requirements connected with the provision of such services. The relevant part of
EU law is, however, complex and constantly evolving. This analysis aims to comment on the current state of EU law and the Commission’s proposed revision of the EU state aid rules with regard to services of general economic interest. The author is of the opinion that a decentralisation of state aid policy should be considered in order
to ensure a correct and rational application of the state aid rules as regards the financing of services of general economic interest.
Publishing year
2011
Language
English
Publication/Series
European policy analysis
Links
Document type
Report
Publisher
Sieps (Swedish Institute of European Policy Studies)
Topic
- Law
Status
Published
Report number
2011:14
Research group
- Lund University Centre for Business Law (Swedish abbr: ACLU)