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• Effects of the State Aid Soft Law on Beneficiaries: Annotation on an order of the General Court

  118-127

  Péter Staviczky

  Views:

  189

  The European Commission issues guidelines and other soft law instruments to define the compatibility conditions of State aid to be granted by Member States with the internal market. Although the soft law is only binding on the Commission it has not negligible indirect effect on the Member States state aid policy and thereby on other policies. So far it was not clear how much beneficiaries could find remedy at European Courts against the soft law issued by the Commission. The present article gives a description on the adoption of the new energy and environmental aid guidelines with the focus on the conditions related to aid to operating aid to energy generation from renewable energy sources in the context of the State Aid modernization initiative. A comparison to the previous rules was also made. Thereafter the article summarizes an order of the General Court issued in a procedure where an applicant has initiated action for annulment of the guidelines. The article also tries to draw some conclusions about the possibilities and limits of beneficiaries and Member States to question the legality of State aid soft law instruments at European Courts.

• effects of Labour Law regulation on the employment Relations Based on the Connection between Social Rights and Labour Market

  26-40

  Nóra Jakab

  Henriett Rab

  Views:

  215

  In the world of employment we can find several aspects that have effect on the labour market. Labour market cannot be independent from the legal regulation of employment; moreover – according to the tendencies – labour market processes basically define the role of labour law. A fundamental difference can be observed between the approach of Anglo-Saxon countries and researchers and the viewpoint of the continental law systems. In this paper the emphasized question is analyzed through these two different approaches according to the following premise: the Anglo-Saxon legal thinking defining the current development of labour law bears significant differences related to the labour law regulation – which means the direct regulation of labour market – and to the legal guarantees behind employment as well. From the viewpoint of the labour market two main questions are examined in this paper: on the one hand, the expected and necessary level and method of public intervention in connection with social rights, and on the other hand the deepness of the intervention of labour law into the social relations driven by the market.