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Hofmann, Herwig C.H. --- "Administrative Governance in State Aid Policy" [2006] ELECD 277; in Hofmann, C.H. Herwig; Türk, H. Alexander (eds), "EU Administrative Governance" (Edward Elgar Publishing, 2006)

Book Title: EU Administrative Governance

Editor(s): Hofmann, C.H. Herwig; Türk, H. Alexander

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845422851

Section: Chapter 6

Section Title: Administrative Governance in State Aid Policy

Author(s): Hofmann, Herwig C.H.

Number of pages: 30

Extract:

6. Administrative governance in state
aid policy
Herwig C.H. Hofmann

INTRODUCTION

This chapter looks at structures of administrative governance in the area of
EC state aid control. It will ­ from a legal point of view ­ give an outline over
the main issues of administrative governance in this policy area and discuss
problematic aspects thereof. It will do so by outlining the background to the
conditions of exercising governance in this area, including the actors and
the legal framework. It will then turn to an analysis of the procedures for
state aid control before considering one of the most important features of
governance structures in this area ­ the administrative rule-making. In its
final part, it will discuss questions of participation, legitimacy of decision
making, transparency and legal certainty.
The EC's control of state aids under Article 87­89 EC is a policy area of
high practical relevance both for the exercise of governance on the European
and the national as well as sub-national levels.1
One of the reasons for the relevance of state aid control on the European
level, is the central role that state aid control has played in the development
of general EU administrative law. This is largely because state aid control
under Article 87­89 EC is part of the chapter on competition law. Therefore
it is one of the few policy areas, in which Community institutions are in
charge of not only the legislation, that is the policy development, but also
its ...