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Zusatztext De Cecco proceeds by discussing this important constitutional balance, mostly, by critically assessing the case law of the European Courts. The authors' legal analysis is superbly eloquent and theoretical reflections aresupported and consistently conjoined with analysis of case law, which makes the book a very pleasant read. Informationen zum Autor Francesco de Cecco is a Lecturer in Law at Newcastle University. ...fantastic food for thought for anyone interested in the interplay between internal market and competition law in the European Union and, more specifically, about State Aid law.Throughout the book, De Cecco's analyses are well-argued and present a fresh look at some key issues in the definition of this area of EU Economic Law...His critical assessments force the reader to reassess some preconceptions about the current status of EU State Aid law and provide some normative arguments to help understand (or criticise) some of these recent developments...the level of update of the legal research used in the book is remarkable, particularly in an area of EU Law where changes seem to be permanent and almost unstoppable which is always a challenge.Albert Sanchez GraellsEuropean Competition Law ReviewVolume 34(6) Zusammenfassung Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution. Inhaltsverzeichnis 1. Introduction PART I2. The Constitutional Framework 1. The Concept of a European Economic Constitution A. Ordo-liberalism and the European Economic Constitution B. The Continuing Relevance of the Concept of Economic Constitution 2. The Economic Orientation of the Internal Market Case Law A. The Role of Economic Liberalism B. The Balance between Internal Market and Social Rights 3. The Limits of Constitutional Adjudication A. National Identity and the Social Market Economy in the Court B. Varieties of Capitalism and Market Integration 4. Conclusion3. The Distinctive Nature of State Aid Law 1. Family Resemblances A. State Aid and Antitrust B. State Aid and Free Movement C. Competition Between States 2. Centralisation and its Rationale A. Direct Effect, Centralised and Decentralised Enforcement B. Administrative Rule-Making 3. Discretion A. Economic and Non-Economic Considerations B. Discretion and the European Interest 4. ConclusionPART II4. The State as Market Participant 1. State Attribution 2. The Market Operator Principle and its Ramifications A. Questioning the Market Operator Principle B. From Neutrality to Substantive Equality C. The Limits of the Market Paradigm D. Legal Certainty 3. Conclusion 5. The State as Regulator 1. The Market Participant–Regulator Boundary 2. Selectivity A. Competitors and Comparators B. The Relevance of Objectives C. Regulatory Justifications for Unequal Treatment D. Towards a 'Rule of Reason' in State Aid Law? 3. The Use of Public Resources 4. Conclusion PART III6. State Aid and Self-Government 1. The Geographic Dimension of Selectivity A. The Relevant Economic Space B. The Constitutional Dimension 2. The Shifting Scope of Tax Competition 3. Conclusion 7. Funding Public Services 1. Services of General Economic Interest 2. Compensation for Public Service Obligations A. The 'State Aid' and 'Compensation' Approaches B. Altmark and Beyond C. A Retreat from Altmark? D. The Commission Packages 3. Defining SGEIs A. State Aid and the Constitutional Relevance of Solidarity B. Evaluating Compensation4. Beyond the Market Participant-Regulator Dichotomy 5. Conclusion 8. Conclusion...
