Abstract

http://ssrn.com/abstract=1660981
 
 

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From Negative to Positive Integration: European State Aid Control Through Soft and Hard Law


Michael Blauberger


University of Salzburg, Salzburg Centre of European Union Studies (SCEUS)

2008

MPIfG Discussion Paper 08/4

Abstract:     
European state aid control, a part of competition policy, typically follows the logic of negative integration. It significantly constrains the potential for Member States to distort competition by reducing their ability to subsidize industry. In addition, this paper argues, ambiguous Treaty rules and heterogeneous Member States' preferences have enabled the European Commission to act as a supranational entrepreneur, not only enforcing the prohibition of distortive state aid, but also developing its own vision of "good" state aid policy. In order to prevent or to settle political conflict about individual decisions, the Commission has sought to establish more general criteria for the state aid which it still deems admissible. These criteria have been codified into a complex system of soft law and, more recently, hard state aid law. The Commission has thus created positive integration "from above" and increasingly influences the objectives of national state aid policies.

Number of Pages in PDF File: 28

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Date posted: August 19, 2010  

Suggested Citation

Blauberger, Michael, From Negative to Positive Integration: European State Aid Control Through Soft and Hard Law (2008). MPIfG Discussion Paper 08/4. Available at SSRN: http://ssrn.com/abstract=1660981 or http://dx.doi.org/10.2139/ssrn.1660981

Contact Information

Michael Blauberger (Contact Author)
University of Salzburg, Salzburg Centre of European Union Studies (SCEUS) ( email )
Mönchsberg 2
Salzburg, Salzburg 5020
Austria
+43-662-8044-7621 (Phone)
HOME PAGE: http://www.uni-salzburg.at/portal/page?_pageid=1625,1836014&_dad=portal&_schema=PORTAL
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