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The Limits of European State Aid Law: A Critical Account of the Acquis

Jakub Kociubiński

ISBN13: 9781041226093
To be Published: October 2026
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £155.00





This book explores the existing limits of State aid law within the European Union. By examining the State aid acquis, the book provides a critical analysis of interpretative approaches to two key areas essential to the functioning of the State aid control system: when a measure constitutes State aid and the identification and assessment of its effects.

It argues that the perception of what law can realistically achieve is limited by the assumption that all processes are steerable and that lawmakers are entirely capable of achieving their results as long as they correctly identify causal links, as well as by an implied belief in the continued relevance of interpretative approaches even when they no longer fit evolving realities. The focus is on assessing how well-established interpretative approaches to Article 107 TFEU continue to function and whether they produce unintended consequences as economic conditions and forms of State interventionism evolve. It determines whether the identified limits of law are truly impassable in a complex environment and, where they are not, formulates realistic solutions to improve the functioning of the control system.

The book will be of interest to researchers and practitioners in the field of State aid law, competition law, economics and EU law.

Subjects:
Competition Law
Contents:
Introduction

Part I
1. Analysing State Aid Law and Its Control System in a Complex World – The Research Perspective
2. The Concept of State Aid

Part II
3. The Ambiguous Classification of Entities Engaged in Both Economic and Non-Economic Activities
4. The Questionable Cumulative Character of the Imputability and State Resources Criteria
5. The Unrealistic Assumptions in the Market Economy Operator Test
6. State Aid and Taxation - An Unsolvable Conundrum?

Part III
7. The Inadequate Standard for Assessing the Economic Effects of State Aid
8. The Misinterpretation of Market Failures

Final Remarks

Series: Routledge Research in EU Law

Cover of EU Law and Military Industries: Sovereignty and Strategic Autonomy in Military Procurement (eBook)
EU Law and Military Industries: Sovereignty and Strategic Autonomy in Military Procurement (eBook)
Nathan Meershoek
ISBN 9781040446409
Published October 2025
Routledge
£45.99

Due to a technical issue some ebooks are not available to order.

Cover of EU Law and Military Industries: Sovereignty and Strategic Autonomy in Military Procurement
EU Law and Military Industries: Sovereignty and Strategic Autonomy in Military Procurement
Nathan Meershoek
ISBN 9781032981338
Published October 2025
Routledge
£155.00
Cover of Gender and the European Court of Human Rights
Gender and the European Court of Human Rights
Sanna Elfving
ISBN 9781032563510
Published March 2025
Routledge
£155.00
Cover of Gender and the European Court of Human Rights (eBook)
Gender and the European Court of Human Rights (eBook)
Sanna Elfving
ISBN 9781040318041
Published March 2025
Routledge
£45.99

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Cover of Implementing International Disability Law in the European Union: A Substantive and Procedural Appraisal (eBook)
Implementing International Disability Law in the European Union: A Substantive and Procedural Appraisal (eBook)
Ottavio Quirico
ISBN 9781040043073
Published June 2024
Routledge
£42.99

Due to a technical issue some ebooks are not available to order.

Cover of Implementing International Disability Law in the European Union: A Substantive and Procedural Appraisal
Implementing International Disability Law in the European Union: A Substantive and Procedural Appraisal
Ottavio Quirico
ISBN 9780367271183
Published June 2024
Routledge
£135.00
Cover of The European Union as a Normative Power: The Role of the CJEU
The European Union as a Normative Power: The Role of the CJEU
Yuval Reinfeld
ISBN 9781032441108
Published April 2024
Routledge
£140.00
Cover of Delegation of Powers in the EU Legal System (eBook)
Delegation of Powers in the EU Legal System (eBook)
Analisa Volpato
ISBN 9781000563467
Published January 2024
Routledge
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of Delegation of Powers in the EU Legal System
Delegation of Powers in the EU Legal System
Analisa Volpato
ISBN 9781032004044
Published January 2024
Routledge
£44.99
Cover of Instruments of Public Law: Digital Transformation during the Pandemic
Instruments of Public Law: Digital Transformation during the Pandemic
Edited by: Irena Lipowicz, Grażyna Szpor, Syryt Aleksandra
ISBN 9781032205151
Published November 2022
Routledge
£140.00
Cover of EU Law Enforcement: The Evolution of Sanctioning Powers
EU Law Enforcement: The Evolution of Sanctioning Powers
Edited by: Stefano Montaldo, Francesco Costamagna, Alberto Miglio
ISBN 9780367765668
Published August 2022
Routledge
£44.99
Cover of EU Law Enforcement: The Evolution of Sanctioning Powers (eBook)
EU Law Enforcement: The Evolution of Sanctioning Powers (eBook)
Edited by: Stefano Montaldo, Francesco Costamagna, Alberto Miglio
ISBN 9780429582776
Published August 2022
Routledge
£44.99

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Cover of The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe
The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe 2nd ed
Giuseppe Martinico
ISBN 9780367467036
Published August 2022
Routledge
Out of print
Cover of Delegation of Powers in the EU Legal System
Delegation of Powers in the EU Legal System
Annalisa Volpatto
ISBN 9780367710927
Published March 2022
Routledge
£155.00
Cover of Constitutional Law and the EU Balanced Budget Principle (eBook)
Constitutional Law and the EU Balanced Budget Principle (eBook)
Simina Tanasescu
ISBN 9781351723510
Published November 2021
Routledge
£50.99

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Cover of Constitutional Law and the EU Balanced Budget Principle
Constitutional Law and the EU Balanced Budget Principle
Simina Tanasescu, Eric Oliva
ISBN 9781138742871
Published November 2021
Routledge
£160.00
Cover of EU Law Enforcement: The Evolution of Sanctioning Powers
EU Law Enforcement: The Evolution of Sanctioning Powers
Edited by: Stefano Montaldo, Francesco Costamagna, Alberto Miglio
ISBN 9780367186401
Published February 2021
Routledge
£155.00
Cover of Migration Law and the Externalization of Border Controls: European State Responsibility
Migration Law and the Externalization of Border Controls: European State Responsibility
Anna Liguor
ISBN 9781138343481
Published March 2019
Routledge
£54.99
Migration Law and the Externalization of Border Controls: European State Responsibility (eBook)
Anna Liguor
ISBN 9780429798986
Published March 2019
Routledge
£23.99

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Cover of The European Union as an Area of Freedom, Security and Justice
The European Union as an Area of Freedom, Security and Justice
Edited by: Maria Fletcher, Ester Herlin-Karnell, Claudio Matera
ISBN 9780367193454
Published January 2019
Routledge
£48.99
Cover of The EU and the Proliferation of Integration Principles Under the Lisbon Treaty
The EU and the Proliferation of Integration Principles Under the Lisbon Treaty
Edited by: Francesca Ippolito, M.Eugenia Bartoloni, Massimo Condinanzi
ISBN 9780415789257
Published October 2018
Routledge
£155.00
Cover of The EU and the Proliferation of Integration Principles Under the Lisbon Treaty (eBook)
The EU and the Proliferation of Integration Principles Under the Lisbon Treaty (eBook)
Edited by: Francesca Ippolito, M.Eugenia Bartoloni, Massimo Condinanzi
ISBN 9781351839372
Published October 2018
Routledge
£44.99

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Cover of Gender and the Court of Justice of the European Union: A Critique of the 'Principle of Distinction'
Gender and the Court of Justice of the European Union: A Critique of the 'Principle of Distinction'
Edited by: Jessica Guth, Sanna Elfving
ISBN 9780415785792
Published August 2018
Routledge
£155.00
Cover of Gender and the Court of Justice of the European Union: A Critique of the 'Principle of Distinction' (eBook)
Gender and the Court of Justice of the European Union: A Critique of the 'Principle of Distinction' (eBook)
Edited by: Jessica Guth, Sanna Elfving
ISBN 9781351855099
Published August 2018
Routledge
£46.99

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Cover of The EU Social Market Economy: Theoretical Perspectives and Practical Challenges
The EU Social Market Economy: Theoretical Perspectives and Practical Challenges
Edited by: Delia Ferri
ISBN 9781138478480
Published July 2018
Routledge
£170.00
Cover of European Union Agencies as Global Actors: A Legal Study of the European Aviation Safety Agency, Frontex and Europol
European Union Agencies as Global Actors: A Legal Study of the European Aviation Safety Agency, Frontex and Europol
Florin Coman-Kund
ISBN 9781138293045
Published May 2018
Routledge
£155.00
Cover of EU Energy Relations With Russia
EU Energy Relations With Russia
Umut Turksen
ISBN 9781138041752
Published March 2018
Routledge
£155.00
Cover of Post-Soviet Constitutions and Challenges of Regional Integration: Adapting to European and Eurasian Integration Projects (eBook)
Post-Soviet Constitutions and Challenges of Regional Integration: Adapting to European and Eurasian Integration Projects (eBook)
Roman Petrov, Peter Van Elsuwege
ISBN 9781317326267
Published December 2017
Routledge
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Post-Soviet Constitutions and Challenges of Regional Integration: Adapting to European and Eurasian Integration Projects
Post-Soviet Constitutions and Challenges of Regional Integration: Adapting to European and Eurasian Integration Projects
Roman Petrov, Peter Van Elsuwege
ISBN 9781138101593
Published December 2017
Routledge
£155.00
Cover of Managing the Euro Crisis: National EU Policy Coordination in the Debtor Countries
Managing the Euro Crisis: National EU Policy Coordination in the Debtor Countries
Edited by: Sabrina Ragone
ISBN 9781138123793
Published November 2017
Routledge
£155.00
Cover of Managing the Euro Crisis: National EU Policy Coordination in the Debtor Countries (eBook)
Managing the Euro Crisis: National EU Policy Coordination in the Debtor Countries (eBook)
Edited by: Sabrina Ragone
ISBN 9781317301509
Published November 2017
Routledge
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Greening of European Business Under EU Law: Taking Article 11 TFEU Seriously
The Greening of European Business Under EU Law: Taking Article 11 TFEU Seriously
Edited by: Beate Sjafjell, Anja Wiesbrock
ISBN 9781138245235
Published September 2017
Routledge
£48.99
Cover of Retail Depositor and Retail Investor Protection under EU Law: In the Event of Financial Institution Failure (eBook)
Retail Depositor and Retail Investor Protection under EU Law: In the Event of Financial Institution Failure (eBook)
Constantinos Tokatlides
ISBN 9781317224198
Published February 2017
Routledge
Out of print

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Cover of Retail Depositor and Retail Investor Protection under EU Law: In the Event of Financial Institution Failure
Retail Depositor and Retail Investor Protection under EU Law: In the Event of Financial Institution Failure
Constantinos Tokatlides
ISBN 9781138655010
Published February 2017
Routledge
£170.00
Cover of The Habitats Directive in its EU Environmental Context: European Nature's Best Hope?
The Habitats Directive in its EU Environmental Context: European Nature's Best Hope?
Edited by: Charles-Hubert Born, An Cliquet, Hendrik Schoukens, Delphine Misonne, Geert Van Hoorick
ISBN 9781138701830
Published January 2017
Routledge
£54.99
Cover of The Right to Family Life in the European Union
The Right to Family Life in the European Union
Edited by: Maribel Gonzalez Pascual, Aida Torres Perez
ISBN 9781138186279
Published January 2017
Routledge
£155.00
Cover of The Right to Family Life in the European Union (eBook)
The Right to Family Life in the European Union (eBook)
Edited by: Maribel Gonzalez Pascual, Aida Torres Perez
ISBN 9781317287582
Published January 2017
Routledge
£48.99

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Cover of The European Union as an Area of Freedom, Security and Justice
The European Union as an Area of Freedom, Security and Justice
Edited by: Maria Fletcher, Ester Herlin-Karnell, Claudio Matera
ISBN 9781138828575
Published December 2016
Routledge
£160.00
The European Union as an Area of Freedom, Security and Justice (eBook)
Edited by: Maria Fletcher, Ester Herlin-Karnell, Claudio Matera
ISBN 9781317573227
Published December 2016
Routledge
£48.99

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Cover of EU Criminal Law and Policy: Values, Principles and Methods
EU Criminal Law and Policy: Values, Principles and Methods
Edited by: Joanna Beata Banach-Gutierrez, Christopher Harding
ISBN 9781138914889
Published August 2016
Routledge
£160.00
Cover of European Agencies and Risk Governance in EU Financial Market Law (eBook)
European Agencies and Risk Governance in EU Financial Market Law (eBook)
Paul Weismann
ISBN 9781317480167
Published June 2016
Routledge
£48.99

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Cover of European Agencies and Risk Governance in EU Financial Market Law
European Agencies and Risk Governance in EU Financial Market Law
Paul Weismann
ISBN 9781138899995
Published June 2016
Routledge
£170.00
Cover of Global Data Protection in the Field of Law Enforcement (eBook)
Global Data Protection in the Field of Law Enforcement (eBook)
Cristina Casagran
ISBN 9781317223269
Published June 2016
Routledge
£48.99

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Cover of Global Data Protection in the Field of Law Enforcement
Global Data Protection in the Field of Law Enforcement
Cristina Casagran
ISBN 9781138655386
Published June 2016
Routledge
£160.00
Cover of Towards a System of European Criminal Justice: The Problem of Admissibility of Evidence
Towards a System of European Criminal Justice: The Problem of Admissibility of Evidence
Andrea Ryan
ISBN 9781138686465
Published April 2016
Routledge
£48.99
Cover of The Legal Order of the European Union: The Institutional Role of the European Court of Justice
The Legal Order of the European Union: The Institutional Role of the European Court of Justice
Timothy Moorhead
ISBN 9781138685116
Published April 2016
Routledge
£48.99
Cover of The Legitimacy of the European Union Through Legal Rationality: Free Movement of Third Country Nationals
The Legitimacy of the European Union Through Legal Rationality: Free Movement of Third Country Nationals
Richard Ball
ISBN 9781138935204
Published August 2015
Routledge
£31.99
Cover of The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (eBook)
The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (eBook)
Edited by: Sofia Ranchordas, Boudewijn de Waard
ISBN 9781317606116
Published July 2015
Routledge
£50.99

Due to a technical issue some ebooks are not available to order.

Cover of The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study
The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study
Edited by: Sofia Ranchordas, Boudewijn de Waard
ISBN 9781138812994
Published July 2015
Routledge
£160.00
Cover of Local Government in Europe: The ‘Fourth Level’ in the EU Multi-Layered System of Governance
Local Government in Europe: The ‘Fourth Level’ in the EU Multi-Layered System of Governance
Edited by: Carlo Panara, Michael R. Varney
ISBN 9781138930049
Published June 2015
Routledge
£48.99
Cover of The Greening of European Business Under Eu Law: Taking Article 11 TFEU Seriously (eBook)
The Greening of European Business Under Eu Law: Taking Article 11 TFEU Seriously (eBook)
Edited by: Beate Sjafjell, Anja Wiesbrock
ISBN 9781317664710
Published November 2014
Routledge
£48.99

Due to a technical issue some ebooks are not available to order.

Cover of The Greening of European Business Under Eu Law: Taking Article 11 TFEU Seriously
The Greening of European Business Under Eu Law: Taking Article 11 TFEU Seriously
Edited by: Beate Sjafjell, Anja Wiesbrock
ISBN 9781138019560
Published November 2014
Routledge
£160.00
Cover of The Habitats Directive in its EU Environmental Context: European Nature's Best Hope? (eBook)
The Habitats Directive in its EU Environmental Context: European Nature's Best Hope? (eBook)
Edited by: Charles-Hubert Born, An Cliquet, Hendrik Schoukens, Delphine Misonne, Geert Van Hoorick
ISBN 9781317693031
Published November 2014
Routledge
£54.99

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Cover of The Habitats Directive in its EU Environmental Context: European Nature's Best Hope?
The Habitats Directive in its EU Environmental Context: European Nature's Best Hope?
Edited by: Charles-Hubert Born, An Cliquet, Hendrik Schoukens, Delphine Misonne, Geert Van Hoorick
ISBN 9781138019584
Published November 2014
Routledge
£160.00
Cover of Towards a System of European Criminal Justice: The Problem of Admissibility of Evidence (eBook)
Towards a System of European Criminal Justice: The Problem of Admissibility of Evidence (eBook)
Andrea Ryan
ISBN 9781317671176
Published June 2014
Routledge
£48.99

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Cover of Towards a System of European Criminal Justice: The Problem of Admissibility of Evidence
Towards a System of European Criminal Justice: The Problem of Admissibility of Evidence
Andrea Ryan
ISBN 9781138780774
Published June 2014
Routledge
£160.00
Cover of European Perspectives on Environmental Law and Governance
European Perspectives on Environmental Law and Governance
Edited by: Suzanne Kingston
ISBN 9781138809680
Published June 2014
Routledge
£58.99
Cover of The Legal Order of the European Union: The Institutional Role of the European Court of Justice (eBook)
The Legal Order of the European Union: The Institutional Role of the European Court of Justice (eBook)
Timothy Moorhead
ISBN 9781134446209
Published May 2014
Routledge
£48.99

Due to a technical issue some ebooks are not available to order.

Cover of The Legal Order of the European Union: The Institutional Role of the European Court of Justice
The Legal Order of the European Union: The Institutional Role of the European Court of Justice
Timothy Moorhead
ISBN 9780415529709
Published May 2014
Routledge
£160.00
Cover of Kadi on Trial: A Multifaceted Analysis of the Kadi Judgment (eBook)
Kadi on Trial: A Multifaceted Analysis of the Kadi Judgment (eBook)
Edited by: Matej Avbelj, Filippo Fontanelli, Giuseppe Martinico
ISBN 9781134448449
Published May 2014
Routledge
£31.99

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Cover of Kadi on Trial: A Multifaceted Analysis of the Kadi Judgment
Kadi on Trial: A Multifaceted Analysis of the Kadi Judgment
Edited by: Matej Avbelj, Filippo Fontanelli, Giuseppe Martinico
ISBN 9780415640312
Published May 2014
Routledge
£99.99
Cover of Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union (eBook)
Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union (eBook)
Edited by: Peter van Elsuwege, Roman Petrov
ISBN 9781134441938
Published February 2014
Routledge
£48.99

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Cover of Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union
Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union
Edited by: Peter van Elsuwege, Roman Petrov
ISBN 9780415640435
Published February 2014
Routledge
£160.00
Cover of The Legitimacy of the European Union Through Legal Rationality: Free Movement of Third Country Nationals
The Legitimacy of the European Union Through Legal Rationality: Free Movement of Third Country Nationals
Richard Ball
ISBN 9780415505314
Published October 2013
Routledge
£105.00
Cover of The Legitimacy of the European Union Through Legal Rationality: Free Movement of Third Country Nationals (eBook)
The Legitimacy of the European Union Through Legal Rationality: Free Movement of Third Country Nationals (eBook)
Richard Ball
ISBN 9781136011603
Published October 2013
Routledge
£31.99

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Cover of The Early Warning System for the Principle of Subsidiarity: Constitutional Theory and Empirical Reality
The Early Warning System for the Principle of Subsidiarity: Constitutional Theory and Empirical Reality
Philipp Kiiver
ISBN 9780415730501
Published October 2013
Routledge
£41.99
Cover of Local Government in Europe: The ‘Fourth Level’ in the EU Multi-Layered System of Governance
Local Government in Europe: The ‘Fourth Level’ in the EU Multi-Layered System of Governance
Edited by: Carlo Panara, Michael R. Varney
ISBN 9780415580007
Published June 2013
Routledge
£165.00
Cover of Local Government in Europe: The ‘Fourth Level’ in the EU Multi-Layered System of Governance (eBook)
Local Government in Europe: The ‘Fourth Level’ in the EU Multi-Layered System of Governance (eBook)
Edited by: Carlo Panara, Michael R. Varney
ISBN 9781135021252
Published June 2013
Routledge
£48.99

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Cover of The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe (eBook)
The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe (eBook)
Giuseppe Martinico
ISBN 9781136176937
Published November 2012
Routledge
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe
The Tangled Complexity of the EU Constitutional Process: The Frustrating Knot of Europe
Giuseppe Martinico
ISBN 9780415688192
Published November 2012
Routledge
Out of print
Cover of European Perspectives on Environmental Law and Governance
European Perspectives on Environmental Law and Governance
Edited by: Suzanne Kingston
ISBN 9780415500067
Published October 2012
Routledge
£160.00
Cover of The Early Warning System for the Principle of Subsidiarity: Constitutional Theory and Empirical Reality
The Early Warning System for the Principle of Subsidiarity: Constitutional Theory and Empirical Reality
Philipp Kiiver
ISBN 9780415685221
Published February 2012
Routledge
£160.00
Cover of The Evolving EU Counter-terrorism Legal Framework
The Evolving EU Counter-terrorism Legal Framework
Maria O'Neill
ISBN 9780415557580
Published December 2011
Routledge
£160.00
Cover of The Evolving EU Counter-terrorism Legal Framework (eBook)
The Evolving EU Counter-terrorism Legal Framework (eBook)
Maria O'Neill
ISBN 9781136493836
Published December 2011
Routledge
£44.99

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Cover of EU External Relations Law and the European Neighbourhood Policy: A Paradigm for Coherence (eBook)
EU External Relations Law and the European Neighbourhood Policy: A Paradigm for Coherence (eBook)
Bart Van Vooren
ISBN 9781136510311
Published December 2011
Routledge
£41.99

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Cover of EU External Relations Law and the European Neighbourhood Policy: A Paradigm for Coherence
EU External Relations Law and the European Neighbourhood Policy: A Paradigm for Coherence
Bart Van Vooren
ISBN 9780415674669
Published December 2011
Routledge
£170.00
Cover of The European Constitution, Welfare States and Democracy: Conflicts between the Four Freedoms and National Administrative Discretion (eBook)
The European Constitution, Welfare States and Democracy: Conflicts between the Four Freedoms and National Administrative Discretion (eBook)
Christoffer C. Eriksen
ISBN 9781136617591
Published October 2011
Routledge
£48.99

Due to a technical issue some ebooks are not available to order.

Cover of The European Constitution, Welfare States and Democracy: Conflicts between the Four Freedoms and National Administrative Discretion
The European Constitution, Welfare States and Democracy: Conflicts between the Four Freedoms and National Administrative Discretion
Christoffer C. Eriksen
ISBN 9780415610735
Published October 2011
Routledge
£170.00
Turkey’s Accession to the European Union: The Politics of Exclusion? (eBook)
Edel Hughes
ISBN 9780203843642
Published September 2010
Routledge
Out of print

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Cover of Turkey’s Accession to the European Union: The Politics of Exclusion?
Turkey’s Accession to the European Union: The Politics of Exclusion?
Edel Hughes
ISBN 9780415577854
Published September 2010
Routledge
£46.99
Cover of New Governance and the European Strategy for Employment
New Governance and the European Strategy for Employment
Samantha Velluti
ISBN 9780415467797
Published March 2010
Routledge
£105.00
Cover of New Governance and the European Strategy for Employment (eBook)
New Governance and the European Strategy for Employment (eBook)
Samantha Velluti
ISBN 9780203856468
Published March 2010
Routledge
Out of print

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Cover of Centralised Enforcement, Legitimacy and Good Governance in the EU
Centralised Enforcement, Legitimacy and Good Governance in the EU
Melanie Smith
ISBN 9780415467841
Published August 2009
Routledge
£160.00