Author(s) Ana Filipa da Silva Morais de Afonseca
Advisor(s) Pedro Madeira Froufe
Synopsis The State aid has several meanings in itself, in addition to being a rule with the primary objective of establishing effective competition in the European Union, the complex rule enshrined in Article 107 of the Treaty has, throughout history, played a very important role. In view of the times of crisis that the European Union has lived and is living in, the application of the norm becomes an emergency. We have thus seen a modernization of the application of the rule on the prohibition of State aid by means of a new instrument of secondary legislation and by means of a dialogue between the participants in the scheme of aid – the Commission and the Court of Justice. On the other hand, in the search for an understanding of the behavior of the Member States, which in times of crisis have taken the most diverse measures to redesign their economies, the Court has played the role of a true potter of this rule, introducing a jurisprudence in accordance with a broad concept of State aid for the purposes of Article 107 of the Treaty. After all, from the point of view of integration theory, this rule of competition fulfills a greater objective of loyal cooperation among the Member States, which the adversity of the times could not compromise. At the same time, however, the crisis is creating the necessary strength to overcome obstacles, this strength within the European Union, has been, silently, been given by the deepening of the importance of the European funds for each Member State.
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