Abstract

http://ssrn.com/abstract=2006729
 


 



Hybridity Before the Court: A Hard Look at Soft Law in the EU Competition and State Aid Case Law


Oana Andreea Stefan


King's College London – The Dickson Poon School of Law; King's College London

February 16, 2012

European Law Review, Vol. 37, No. 1, pp. 49-69, 2012

Abstract:     
This article explores the interface between classic government structures -- the courts -- and key governance tools -- soft law. It presents the quantitative and qualitative results of research that asks the questions of whether and how soft law is reflected in the European competition and state aid case law. It suggests that soft law is taken seriously by the Court of Justice of the European Union, and figures more and more in the judgments, orders and opinions issued in these areas. The case law recognises legal effects for soft law instruments through the mediation of general principles of law. The article argues that, through the mechanisms of the judicialisation process, the European Courts have rubber-stamped hybrid modes of regulating competition and state aid and have embedded soft law within the constitutional legal framework of the Union, while at the same time endowing traditional legal values with new functions in a “new governance” context.

Number of Pages in PDF File: 49

Keywords: Competition law, EU law, Guidelines, Legal methodology, State aid, soft law, judicial politics

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Date posted: February 19, 2012  

Suggested Citation

Stefan, Oana Andreea, Hybridity Before the Court: A Hard Look at Soft Law in the EU Competition and State Aid Case Law (February 16, 2012). European Law Review, Vol. 37, No. 1, pp. 49-69, 2012. Available at SSRN: http://ssrn.com/abstract=2006729

Contact Information

Oana Andreea Stefan (Contact Author)
King's College London – The Dickson Poon School of Law ( email )
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

King's College London ( email )
School of Law
Strand
London, WC2R 2LS
United Kingdom
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