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Author: Anduena Gjevori

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Covid-19 and the State Aid Regimes Established by the Western Balkan Countries journal article

Anduena Gjevori

European State Aid Law Quarterly, Volume 22 (2023), Issue 2, Page 161 - 174

Since the adoption of the first State aid law by North Macedonia, the Western Balkan (WB) countries have shown – to a certain degree – the willpower to approximate the laws adopted in the field of State aid with the EU State aid acquis. However, the first State aid commissions closely linked to the Ministry of Finance or the Ministry of Economy had an essential weakness in their institutional structure. This article aims to establish a connection between the chosen types of State aid regulators in the WB and their operability during the transposition and enforcement of the Temporary Framework for Covid-19 outbreak. In this framework, the article examines the transposition of the Temporary Framework of March 2020 into the national legislations of the WB countries. Moreover, it analyses selected decisions granting Covid-19 State aid, comparing them with the Temporary Framework. Only two out of six countries of the WB, under analysis, (partially) transposed the Temporary Framework. The Covid-19 State aid has been mostly retroactively approved and has, in some cases, been implemented without being assessed by the relevant State aid authorities. Even in the few cases that have been notified, Covid-19 State aid has been granted in contradiction with the Temporary Framework. Additionally, the few decisions imposing conditions for Covid-19 State aid have not been implemented by the appropriate public authorities. Keywords: EU candidate countries; State aid monitoring authorities; Temporary Framework; Covid-19

State Aid Control in Albania journal article

Anduena Gjevori

European State Aid Law Quarterly, Volume 14 (2015), Issue 4, Page 510 - 521

In the view of the obligation deriving from the Stabilisation and Association Agreement with the European Union, Albania has adopted State aid legislation and has established a State Aid Commission. The paper analyses the effectiveness of State aid control in Albania. It assesses the institutional position and the degree of “operability” of the Albanian State Aid Commission, as well as the ability of the State aid rules to achieve a long term reduction of aid and a shift from vertical to horizontal aid. The paper argues that Albania’s institutional set-up of its State Aid Commission is inadequate. The Albanian State Aid Commission’s lack of independence and weak authority made it an ineffective player in blocking subsidy schemes. Consequently, the Albanian State Aid Commission has issued positive decisions approving almost every notified State aid scheme and has not been able to interfere in politically sensitive cases. The paper concludes that the introduction of a system of State aid control in the Albanian legal order has not been effective in accomplishing a systematic decrease of State aid. Keywords: State Aid, EU Candidate Countries, Albanian State Aid Commission

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