State Aid, Grants and Structural Funds

Objectives

State intervention in the economic activity can take many forms, one of them being the direct or indirect financing of certain companies or sectors. In the EU this type of State intervention has been subject to a number of principles and rules that guide, condition and restrict such kind of financial support. The goal of this seminar is to allow the students to know and understand this legal framework comprising EU law (both primary and secondary law) and domestic law on two main areas: State aid and structural funds. As to State aid, this seminar will allow students to gain a number of insights on this area of EU law including the rationale of State aid policy, its interaction with EU policies, the notion and types of State aid, the defining traits of State aid, the compatibility analysis of State measures with State aid rules, the procedural rules (both at the Commission/national authorities level, and at CJEU/national courts level), and the legal consequences of unlawful State aid. As regards structural funds, the seminar will deal withs its legal framework, objectives, and general ruls of application.   



 


General characterization

Code

33283

Credits

4

Responsible teacher

Lúcio Tomé Feteira

Hours

Weekly - Available soon

Total - 0

Teaching language

Available soon

Prerequisites

Not Applicable

Bibliography

Not Applicable

Teaching method

Teaching will include a practical component which is indissociable from the case-law developments introduced by the CJEU in the field of State aid.


Evaluation method

Final written exam.


Subject matter

I. Introduction: object and contents of the seminar



II. General framework: funding as a type of State intervention in the economic activity



III. State aid 



    1. Evolution and rationale of State aid policy 



    2. Interaction between State aid policy and other EU policies



    3. Legal framework of State aid



        a) Primary law 



        b) Secondary law (general and sector-specific) 



     4. Substantitive aspects



        a) Qualification of a State measure: the defining traits; relevant case law 



        b) Compatibility assessment of State aid with EU law 



     5. Procedural aspects  



        a) Administrative procedure 



        b) Judicial procedure C



     6. Unlawful State aid: legal consequences 



IV. Structural funds: legal framework, rationale 



V. Conclusion