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La protection des droits fondamentaux des entreprises en droit des aides d'Etat

Abstract : In the European Union, the need to better protect fundamental rights calls for research into finding a new balance between procedural fairness and efficiency. The thesis examines the impact of this phenomenon in State aid law which is characterized by its technical nature and its political sensitivity since it confers on the Commission the exclusive right to authorize or prohibit aids that Member States plan to grant to certain companies. Although these businesses are in principle recognized as legal persons in regards to fundamental rights, the State aid control is an exception since it offers almost no procedural guarantees during the administrative phase, often appears unpredictable to companies and maintains a standard of judicial control that could be considerably improved, both in terms of legality and enforcement. This observation argues for a reform that the study examines in the following lines of thought.
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Submitted on : Monday, May 27, 2019 - 2:05:06 PM
Last modification on : Friday, January 17, 2020 - 11:32:07 AM


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  • HAL Id : tel-02140600, version 1



Émilie Schwaller. La protection des droits fondamentaux des entreprises en droit des aides d'Etat. Droit. Université de Strasbourg, 2018. Français. ⟨NNT : 2018STRAA019⟩. ⟨tel-02140600⟩



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