The Availability of Spatial and Environmental Data in the European Union
The Availability of Spatial and Environmental Data in the European Union

Author: Katleen Janssen

Publisher: Kluwer Law International B.V.

Published: 2010-01-01

Total Pages: 658

ISBN-13: 9041132872

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Because the original and essential value of spatial data ' data that refer to specific geographical locations or areas ' lies in environmental decision-making, such data mostly originate in the public sector and are made available to people,

Abuse of EU Law and Regulation of the Internal Market
Abuse of EU Law and Regulation of the Internal Market

Author: Alexandre Saydé

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 452

ISBN-13: 1782254048

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How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

Sixty Years of EU State Aid Law and Policy
Sixty Years of EU State Aid Law and Policy

Author: Eugene Stuart

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 380

ISBN-13: 9041189246

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If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations. Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following: – linkages to other established and evolving EU common policies and common strategies; – effect of EU State aid rules in the expanding geopolitical regions of EU influence; – interaction with the WTO Subsidies and Countervailing Measures Agreement; – the problem of a ‘subsidies culture’; – how the European Commission’s notion of ‘bad’ State aid has evolved; – effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation; – nexus with EU tax harmonisation; – competition among undertakings versus competition among Member State policies; and – nature of the quasi-devolution of regulatory responsibilities to EU Member States. This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.

Handbook on Cohesion Policy in the EU
Handbook on Cohesion Policy in the EU

Author: Simona Piattoni

Publisher: Edward Elgar Publishing

Published: 2016-08-26

Total Pages: 576

ISBN-13: 1784715670

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This Handbook covers all major aspects of EU Cohesion policy, one of the most significant areas of intervention of the European Union. Over five parts, It discusses this policy’s history and governing principles; the theoretical approaches from which it can be assessed; the inter-institutional and multi-level dynamics that it tends to elicit; its practical implementation and impact on EU member states; its interactions with other EU policies and strategies; and the cognitive maps and narratives with which it can be associated. An absolute must for all students of the EU.