engleski

The Discretionary Power of Competent Authorities in Applying State Aid Rules on Rescue and Restructuring

Following the adoption of the new Commission's Guidelines on rescue and restructuring, the authors take a closer look into the public authority's decision-making procedure to award restructuring aid. The analysis focuses on the national level of a decision-making process prior to the notification of restructuring aid to the Commission, using the example of the Republic of Croatia. The authors question the national procedure(s), its transparency and the margins of State's discretionary power to decide if and who to award the restructuring aid and initiate the procedure before the European Commission. It is being argued that the wider the discretionary power of the competent authorities who grant restructuring aid, the wider is the potential of negative social, financial and market-wise consequences both for the State as well as the recipient undertaking. In order to avoid worst possible scenario, the authors suggest de lege ferenda proposal of the assessment criteria.

discretionary power ; firm in difficulty ; restructuring aid ; state aid

nije evidentirano