Ferri, Delia and Piernas Lopez, Juan Jorge
(2019)
The Social Dimension of EU State Aid Law
and Policy.
Cambridge Yearbook of European Legal Studies.
pp. 1-26.
ISSN 1528-8870
Abstract
Traditionally, EU state aid law has been attached to the goals of maintaining free competition
and preventing the distortionary effects of Member States’ economic intervention,
while social considerations have been considered immaterial to state aid control.
However, in more recent years, EU state aid law has acquired a clearer ‘social dimension’,
indirectly streamlining national subsidies towards social goals. The entry into
force of the Treaty of Lisbon, and particularly of Articles 3(3) TEU and 9 TFEU,
has had an impact on the way in which social goals have been taken into account in
the application of the state aid provisions. In the last decade, the European
Commission has sought out a more appropriate balance between the main objective
of preserving competition in the internal market on the one hand, and social objectives,
also enshrined nowadays in the Treaties, on the other. This ‘social dimension’ is still
underdeveloped, but emerges to varying degrees when looking respectively at the definition
of state aid under Article 107(1) TFEU, at the scope of the derogations under
Articles 107(2) and 107(3) TFEU and at the secondary legislation adopted for their
implementation.
| Item Type: |
Article
|
| Keywords: |
state aid; social policy; social justice; undertaking; selectivity; derogations; General Block Exemption Regulation; GBER; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
11717 |
| Identification Number: |
https://doi.org/10.1017/cel.2019.2 |
| Depositing User: |
Delia Ferri
|
| Date Deposited: |
18 Nov 2019 11:37 |
| Journal or Publication Title: |
Cambridge Yearbook of European Legal Studies |
| Publisher: |
Centre for European Legal Studies, Faculty of Law, University of Cambridge |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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