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Part I Rationales for State Aid Rules, 4 The Legal Framework to Subsidies and State Aid Review

Viktor Kreuschitz, Hanns Peter Nehl

From: State Aid Law of the European Union

Edited By: Herwig C. H. Hofmann, Claire Micheau

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 January 2021

State aid provisions — European Union — State aid

This chapter assesses the legal framework of the multi-level system of State aid and subsidies control not only on the level of the EU but also on the international level—the World Trade Organization (WTO)—and the national level by EU Member States. The control of subsidies and State aids as a multi-level phenomenon has been a laboratory of design solutions for procedural law provisions, enforcement techniques, and the development of general principles of law. It is one of the fields of law which has been most influential for the development of modern public law as a multi-level legal system with several constitutionalized levels. Not only by the sheer force of numbers and issues raised, State aid and subsidies cases have had a great influence on the development of procedural rights such as defence rights. It also added to the clarification of notions of discretion, the protection of legitimate interests, and principles of equality.

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