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Introduction

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0001
Subject:
Law, Public International Law, EU Law

This introductory chapter is organized as follows. Section I introduces reader to the subject of this book then Section II turns to the desirability and feasibility of the adoption of a comparative ... More


The Advocate General and EC Law

Noreen Burrows and Rosa Greaves

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199299003
eISBN:
9780191715037
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299003.001.0001
Subject:
Law, EU Law

The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of ... More


The Principle of Procedural Autonomy and the Duty of Loyal Cooperation of National Judges under Article 10 EC

Vassilios Skouris

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0032
Subject:
Law, Legal History

This chapter discusses the balancing of the duty of loyal cooperation of national judges under Article 10 EC with the so-called national procedural autonomy. It provides a general overview of the ... More


Forms of Governmental Action: Internal and External Perspectives

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0006
Subject:
Law, Public International Law, EU Law

This chapter begins by providing a conclusive critical assessment of the state of the law with respect to the forms of governmental action that constitute a subsidy or a State aid in the WTO and EC, ... More


The Forms of Governmental Action Covered by EC State Aid Rules

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0005
Subject:
Law, Public International Law, EU Law

This chapter deals with questions similar to those that were analysed in Chapter 4 on WTO law. Following the first three techniques to define the legal relevance of the conduct of the government ... More


The Distortion of Competition

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0014
Subject:
Law, Public International Law, EU Law

This chapter analyses the ‘impact standards’ in WTO subsidy and EC State aid rules. ‘Impact standards’ are those elements of the definition of subsidy (or State aid) that identify the negative ... More


The Idea and Analysis of Specificity

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.00013
Subject:
Law, Public International Law, EU Law

This chapter focuses on the concept of ‘specificity’ or ‘selectivity’. This idea, which is common to both EC State aid and WTO subsidy laws, raises important conceptual and practical questions, ... More


Family Reunion and Community Law

Steve Peers

in Europe's Area of Freedom, Security, and Justice

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199274659
eISBN:
9780191699771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274659.003.0004
Subject:
Law, EU Law

The EC law on family reunion is said to have committed various offences ranging from racism and sexism to the marginalization of the poor and the abuse of certain human rights. Although EC family ... More


Is a Constitutional Environmental Right Necessary? A European Perspective

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0006
Subject:
Political Science, Political Theory

Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt ... More


Solidarity and Citizenship Rights in the Charter of Fundamental Rights of the European Union

Síofra O'leary

in EU Law and the Welfare State: In Search of Solidarity

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287413
eISBN:
9780191700446
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287413.003.0003
Subject:
Law, EU Law

This chapter examines the Charter's solidarity and citizenship rights, and analyses their impact, actual or potential, on the EU's embryonic welfare law. It examines the possible effect of these ... More


Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

David T. Keeling

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It ... More


Private Parties and Direct Access to the Court of First Instance

Angela Ward

in Judicial Review and the Rights of Private Parties in EU Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199206865
eISBN:
9780191695667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206865.003.0006
Subject:
Law, Constitutional and Administrative Law

The chapter focuses on the problems that private parties face when they challenge the legality of Article 230 of the treaty of the European Community. Operating independently of the concept of direct ... More


Conceptions of Public Service in European Law

Mark Freedland, Paul Craig, Catherine Jacqueson, and Nicola Kountouris

in Public Employment Services and European Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199233489
eISBN:
9780191716324
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233489.003.0003
Subject:
Law, EU Law, Employment Law

This chapter provides the first comparative reconstruction and analysis of the different historical, political and legal traditions in the conceptualisation of public services (or ‘services of ... More


Conclusions

Luca Rubini

in The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199533398
eISBN:
9780191714740
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533398.003.0015
Subject:
Law, Public International Law, EU Law

This book sought ‘to provide an analytical and conceptual framework’ of the legal definitions of WTO subsidy and EC State aid. It develops a subsidy language, made of issues and tests, concepts and ... More


Direct Effect, Indirect Effect, Supremacy and the Evolving Constitution of the European Union

Sacha Prechal

in The Fundamentals of EU Law Revisited: Assessing the Impact of the Constitutional Debate

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199226221
eISBN:
9780191696206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226221.003.0003
Subject:
Law, EU Law

This chapter analyzes the varied meanings of the principle of direct effect, uncertainties about the scope of supremacy, and the ‘radiation effect’ of the reasoning and rationale of principles ... More


Decentralization, Effectiveness, and Modernization: Contradictions in Terms?

Malcolm Ross

in The Law of State Aid in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.003.0004
Subject:
Law, EU Law

Some wider complications of the decentralization of State aid enforcement are covered. In particular, it explores the extent to which the sui generis character of the EC regime governing State aid ... More


Public Participation, the Aarhus Convention, and the European Community

Peter Davies

in Human Rights in Natural Resource Development: Public Participation in the Sustainable Development of Mining and Energy Resources

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199253784
eISBN:
9780191698163
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253784.003.0005
Subject:
Law, Human Rights and Immigration

This chapter introduces the Aarhus Convention and centres it in the evolving European Union's approach to public participation. The primary aim of this chapter is limited to addressing the manner in ... More


Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

Jukka Snell

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199250097
eISBN:
9780191697883
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199250097.001.0001
Subject:
Law, EU Law

The book examines the law of the free movement of goods and services. These two freedoms are fundamental to the European Community's internal market and form the basis for an ever-increasing number ... More


The Law of State Aid in the European Union

Andrea Biondi, Piet Eeckhout, and James Flynn (eds)

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.001.0001
Subject:
Law, EU Law

EC State aid law represents an increasingly important part of EC competition law. The case law at national and European levels is growing rapidly, both in quantity and importance. Significant and ... More


Article 81 EC Revisited: Deciphering European Commission Antitrust Goals and Rules

Matthew Bennett and A. Jorge Padilla

in Competition Policy in the EU: Fifty Years on from the Treaty of Rome

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566358
eISBN:
9780191722790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566358.003.0003
Subject:
Economics and Finance, Public and Welfare, International

This chapter provides a brief overview of Article 81 EC and considers the implications of two recent Court of First Instance (CFI) judgments (Glaxo and O2 (Germany)) for the understanding of (i) the ... More


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