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2ND ESTAL PHD AWARD NOMINATIONS ∙ Soft Law and Their Symbiotic Relationship with the Block Exemptions?

A Nordic Perspective

Katrine Lillerud

DOI https://doi.org/10.21552/estal/2021/3/4

Keywords: EStAL PhD Award, soft law, guidelines, GBER, horizontal, SAM, nudging, Nordics


This article provides an overview of the position of quasi-legislative measures also referred to as ‘soft law’ before and after the State aid Modernisation (SAM). The main intention of the article is to illustrate the symbiotic relationship between the revised horizontal and sectorial guidelines with the general block exemption regulation (GBER) after SAM. It demonstrates how a selected handful of horizontal and sectorial guidelines have been transformed to facilitate better use of the block exemption to enhance the Commission’s own policy objectives, in a nice hand in glove fit with the GBER to nudge States into block exempted expenditure. The empirical study compares Norway, Sweden and Finland’s use of the GBER and guidelines. It shows that the framework is now more than ever nudging aid expenditure. The micro study reveals a drastic change in use before and after SAM in the three Nordic countries – underling the nudging power of the reform.
Keywords: EStAL PhD Award; soft law; guidelines; GBER; horizontal; SAM; nudging; Nordics.

Katrine Lillerud, PhD, currently a senior lawyer at DLA Piper Norway, seconded to Telenor ASA. This article is inspired by her PhD thesis at the European University Institute (2020) with supervisor Dr Prof Giorgio Monti. For correspondence: <mailto:katrine.lillerud@eui.eu>.

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