Research Catalog

Title

Soft law in court : competition law, state aid and the Court of Justice of the European Union / Oana Ştefan.

Author

Ştefan, Oana

Publication

• Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2013]
• Frederick, MD, United States of America : Sold and distributed in North, Central and South America by Aspen Publishers, Inc.
• ©2013

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Holdings

Details

Description

xviii, 367 pages : illustrations; 25 cm.

Summary

"Known under the generic term of soft law, instruments that are not legally binding but can produce legal and practical effects are proliferating in European competition and State aid law. This soft law has been taken into account by the EU Courts at an increasing rate over the years, to the point where such instruments were recognized as regulatory instruments in their own right. The Courts have required Member States to comply with soft law, and demanded that national courts take soft law into consideration when deciding on cases. The courts have even annulled Commission decisions for failure to comply with soft law. Drawing on a data set of 696 documents - competition and state aid judgments, orders and opinions of the European Courts, and Advocates' General opinions referring to various soft law instruments - this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several 'champion' instruments feature frequently in the case law; the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs - all of them having in common the fact that they regulate highly litigated areas"--Jacket.

Series Statement

European monographs ; 81

Uniform Title

European monographs ; 81.

Subject

• Court of Justice of the European Union
• Soft law > European Union countries
• Judicial review > European Union countries
• Antitrust law > European Union countries
• Subsidies > Law and legislation > European Union countries

Note

• "Wolters Kluwer Law & Business."

Bibliography (note)

• Includes bibliographical references (pages 341-353) and index.

Processing Action (note)

• committed to retain

Contents

Of soft law and the courts -- The geometry of soft law references -- The soft law champions : frequent judicial references to particular instruments -- The legal status of soft law -- The relationship between soft and hard law : hierarchical hybridity -- The legal effects recognized by the courts for soft law -- The binding effects of soft law -- A principled approach to soft law -- Conclusion: Judicialization of legal hybrids in a constitutional pluralist environment.

ISBN

• 9789041139979 (cloth : alk. paper)
• 9041139974 (cloth : alk. paper)

LCCN

^^2012538158

OCLC

819717307

Owning Institutions

Harvard Library