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Participation in EU Rule-MakingA Rights-Based Approach$
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Joana Mendes

Print publication date: 2011

Print ISBN-13: 9780199599769

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199599769.001.0001

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Participation Rights in State Aid

Participation Rights in State Aid

(p.380) Chapter 8 Participation Rights in State Aid
Participation in EU Rule-Making

Joana Mendes

Oxford University Press

Chapter 8 examines the case law on Article 108 (2) TFEU, the only provision of the Treaty that makes the decisional powers of the Commission dependant on a participatory procedure. It tests four essential aspects of the books proposals on participation rights and demonstrates. First, the functions of participation inseparably encompass a dignitarian and an instrumental rationale. Secondly, different categories of persons concerned can be identified and different procedural status should be granted. Thirdly, the scope of participants depends on their substantive link with the underlying material situation. Fourthly, the general/individual divide is unsuitable to ground participation rights: EU decisions on general aid schemes are a case in point. This sector study demonstrates that, despite hesitations and contradictions, the case law provides support to some of the main arguments of the book. Finally, Chapter 8 examines whether Article 108 (2) TFEU should be extended by analogy to state aid rulemaking procedures (soft law and implementing regulation).

Keywords:   state aid, participatory procedure, persons concerned, general aid schemes, analogy, soft law, informal rulemaking, implementing regulations

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