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The Legitimacy of EU Soft Law: journal article

Still Nothing New or a Turn for The Worse in the Field of State Aid?

Verena Rošic Feguš

European State Aid Law Quarterly, Volume 21 (2022), Issue 1, Page 54 - 64

This article takes issue with the State aid soft law and its questionable legitimacy, transparency and compatibility with the rule of law. Although critics in this regard are almost ‘traditional’, the practice of adoption of EU soft law does not imply a conclusion that something is changing in this regard. What is more, the dimensions of the current pandemic seem to emphasize them. Recognising advantages of soft law and the existence of wide discretion of the European Commission this paper looks at the current state of affairs regarding EU soft law in EU State aid regime (and briefly also other EU policies), determines the gap between EU soft law and the rule of law and presupposes solutions that would improve EU soft law’s quality in the European integration. Keywords: legitimacy; EU soft law; soft law; rule of law; democratic safeguards; COVID-19 soft law










The COVID-19 State Aid Judgments of the General Court … Every Man for Himself? · Cases T-238/20 and T-259/20 Ryanair v Commission · Annotation by Juan Jorge Piernas López journal article

Annotation on the Judgments of the General Court (Tenth Chamber, Extended Composition) of 17 February 2021 in Cases T-238/20 Ryanair v Commission and T‑259/20 Ryanair v Commission

Juan Jorge Piernas López

European State Aid Law Quarterly, Volume 20 (2021), Issue 2, Page 258 - 269

These judgments raise, for the first time, key questions concerning the legality of State aid schemes adopted to address the consequences of the COVID-19 pandemic under Article 107(2)(b) TFEU and Article 107(3)(b) TFEU and, fundamentally, for the State aid discipline.