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Collected Papers of the Faculty of Law, University of Novi Sad

2019, vol. LIII, No. 1, pp. 151–176

Language of the paper: Serbian

Original scientific paper

udk: 338.246.027:339.727.22

doi: 10.5937/zrpfns53-20679

Author:

 

Tatjana Jovanić, vanredni profesor

University of Belgrade

Faculty of Law Belgrade

tanja@ius.bg.ac.rs

Abstract:

One of the key issues in the EU accession negotiations in Chapter 8 (Competition Policy) is the transitional state aid regime for aid granted before joining the EU, which must be compatible with EU law. This paper examines the legal framework for state aid in the field of energy in EU law, including the interpretative acts of the European Commission, as well as the normative obligations of Serbia in the stabilization and association process, the accession negotiations and the Energy Community Treaty. The subject of this paper is an analysis of the criteria for the assessment of state aid for investments in energy infrastructure, with particular emphasis on financial advantage in the form of state guarantees, since the Republic of Serbia issued guarantees for investment loans approved for the implementation of the project „Kolubara B“, which was debated in a dispute before the Ministerial Council of the Energy Community.

Keywords:

state aid, energy infrastructure, accession negotiations, EU law.