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2 REALaw, Review of European Administrative Law 1 (2009)

handle is hein.journals/realaw2009 and id is 1 raw text is: REVIEW OF EUROPEAN ADMINISTRATIVE LAW; VOL. 2, NR. I, I-2, EUROPA LAW PUBLISHING © 2009 From the Editors Is European administrative law capable of surviving the credit crunch? As we all know, the principle of legality is one of the corner- stones of any legal order based on the rule of law. The concept of a Euro- pean/national shared legal order is particularly visible in the area of state aid law. And it is precisely in that area of law where the rule of law and the principle of legality are under pressure. It is just a matter of weeks ago that the French Industry Minister, Luc Chatel, announced that production of some Clio cars would transfer from Slovenia to a Renault assembly plant at Flins, just west of Paris. 'Today, the Renault group will announce that it will repatriate the production of a vehicle that was until now made outside France to the Flins plant, which will be extra output for that factory,' Chatel said. Paul Krugman (Princeton), published an opinion in the New York Times of 16 March called 'A Continent Adrift', and argues: 'Europe's eco- nomic and monetary integration has run too far ahead of its political institu- tions. The economies of Europe's many nations are almost as tightly linked as the economies of America's many states - and most of Europe shares a common currency. But unlike America, Europe doesn't have the kind of continent wide institutions needed to deal with a continent wide crisis.' And: 'there's no government in a position to take responsibility for the European economy as a whole. What Europe has, instead, are national governments, each of which is reluctant to run up large debts to finance a stimulus that will convey many if not most of its benefits to voters in other countries.' The EU Competition Commissioner Neelie Kroes said that she was surprised by the French comments. 'If this is the case, it is illegal aid', and that there can be no doubt that the Commission will not be 'soft on competition'. Time will tell us how solid the rule of law is in our shared legal order. On the issue of the enforcement of European state aid law, Paul Adriaanse, in the case law section of REALaw, touches upon important issues. His analysis deals with the judgment of 12 February 2oo8 of the European Court of Justice in the CELF/SIDE case. According to the Court, Community law requires a national court to order appropriate measures to remedy the consequences of unlawful State aid. However, Community law does not impose an obligation of full recovery of unlawful aid in the event that the Commission subsequently declares the aid in question compatible with the common market. Adriaanse questions whether the approach of the Court is really appropriate to remedy the consequences of unlawful State aid. It is his argument that the Court's judgment could have negative effects on the effectiveness of the enforcement of European State aid law. Furthermore, in this issue of REALaw Sikora analyzes the process of identification of administrative practice as a distinct subject matter of infringement proceedings (Article 226 EC) and seeks to set out a general framework for understanding this concept, as opposed to a 'regulatory'

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