Study-Unit Description

Study-Unit Description


CODE ECL4008

 
TITLE EU Law on State Aid

 
UM LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION Learning Outcomes:

The study-unit will enable students:
• to understand the grounds on which the compatibility of State aid within the common market will be assessed;
• to familiarise themselves with the applicable procedural rules in the field of State aid;
• to appreciate how the rules on State aid further the goal of market integration on the one hand, whilst at the same time contribute to the attainment of other goals, like regional and social cohesion;
• to understand how the European Commission uses its discretion to achieve an appropriate balance between these goals; and
• to examine and critically analyse the decisional practice of the European Commission and the judgements of the European Courts.

State aid refers to a situation where a State, through public resources, confers an advantage to particular sectors or undertakings putting them in a more advantageous position vis-à-vis their competitors. Since this can harm the competitive process, State aid control is necessary to prohibit unlawful and harmful aid and permit only that aid which is beneficial and promotes economic development.

The objective of the study-unit is to examine mainly:
• what is State aid;
• when State aid may be granted;
• the monitoring, investigative and enforcement powers of the European Commission;
• the role played by the national courts;
• State aid reform.

The study-unit aims to cover in depth the provisions on State aid in the Treaty on the Functioning of the European Union. Throughout this exercise, the case law of the European Courts and the decisions of the European Commission on State aid will be examined. Reference will be made to secondary legislation and the European Commission’s interpretative guidelines and frameworks.

Reading List:

Conor Quigley, European State Aid Law and Policy, Second Edition, Hart Publishing, May 2009
http://ec.europa.eu/competition/index_en.html

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (1 Hour) SEM1 Yes 100%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit