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Fifty Years of Molding Article 87: The European Commission and the Development of EU State Aid Policy (1958-2008)

Doleys, Thomas (2009) Fifty Years of Molding Article 87: The European Commission and the Development of EU State Aid Policy (1958-2008). In: UNSPECIFIED.

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    Abstract

    This study explores the development of state aid law and policy in the European Union. It focuses on how the European Commission utilized the authority delegated to it under the Rome treaty to shape the meaning of Article 87 (ex Article 92) and how, in doing so, was able to shape the legal contours of the state aid regime. The chief means by which the Commission molded policy was to use its administrative discretion to manipulate the pliant language of the provisions contained in Article 87. The study also emphasizes the constraints on the exercise of Commission autonomy. The Commission had to cope with a “dilemma of discretion” at the heart of its state aid mandate. Even as the Commission had considerable autonomy to exercise its delegated autonomy, it was also subject to embedded institutional control mechanisms and political pressures that served to condition that autonomy. We argue that the history of EU state aid policy is written in the efforts of the Commission to navigate that dilemma.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > competition policy
    EU policies and themes > EU institutions & developments > institutional development/policy > historical development of EC (pre-1986)
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2009 (11th), April 23-25, 2009
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 08 Jan 2013 17:04
    Number of Pages: 30
    Last Modified: 08 Jan 2013 17:04
    URI: http://aei.pitt.edu/id/eprint/33052

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