Highlights Member State transposition of EU Directives with abusive State discretion clauses are a danger to the rule of law in Europe. Protecting the rule of law in Europe with a thorough supervision of EU directive transposition by Member States. How to detect abusive State discretion clauses? The Ground Handling legislation example in Portugal.
Abstract Since 1996, the provision of Ground Handling service is covered by Directive 96/67/EC. Prior to this, monopolies were the norm and many airlines complaint about high priced and poor-quality services. With the purpose of reducing costs while improving quality, this Directive introduced minimum requirements for transparency, and the general principle of freedom of access to the market. However, the Directive also made it possible for Member States to limit the number of Suppliers providing Ground Handling services for certain categories at certain airports. This is where discretion begins. Junius (1855) stated that “in a State where discretion begins, law, liberty and safety end” and that is against the founding principles and values of the European Union. Based on this analysis of the transposition of the Directive in Portugal, some policy recommendations are made as to how an improved version of the national legislation could intercept abusive State discretion.
EU airport ground handling directive or when discretion interferes with public duty: A proposal on how to save Portugal’s transposition from discretion
2022-05-24
10 pages
Aufsatz (Zeitschrift)
Elektronische Ressource
Englisch
Administrative law , Air freight , Air transportation , Air travel , Airline , Airport , Aviation , Deregulation , Economic regulation , Legal economic , Regulated industries , Regulation , Regulatory effects , Tourism economics , Tourism policy , Tourism regulation , Transportation , Transportation economics , Transportation industries , Transportation policy , K230 , L510 , L830 , L930 , L980 , R490 , Z380
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