The Issue of Liability for Expenditure of Public Funds From the Perspective of State Aid Regulation

• Main Author: Piotr Podsiadło
• Format: Article
• Language: English
• Published: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego 2019-07-01
• Series: Problemy Zarządzania
• Subjects: state aid; european union; competition policy; notification and authorization procedure; reco-very and repayment procedure
• Online Access: https://pz.wz.uw.edu.pl/resources/html/article/details?id=190892

From the economic point of view relating to State interventionism, it ought to be noted that State aid can be a justified action mainly because of social prosperity if the free competition market mechanism does not bring satisfactory results. The major criterion for providing State aid should be rationality, which is the highest determinant of the admissibility of using aid measures. The aim of the article is to analyse the conditions of admissibility of State aid in the European Union, taking into account the rules applicable to the obligation to notify and authorize State aid. Article 108 TFEU contains rules on the procedural aspects of State aid control and thus complements the substantive rules contained in Article 107 TFEU. Until the Treaty of Lisbon, Article 108 TFEU had never been amended. The procedure of State aid control constitutes a special procedure that deviates from the general procedures of monitoring the compliance with the European Union law.