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Public Services and the European Union by Laura Nistor Pdf
Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.
Market Integration and Public Services in the European Union by Marise Cremona Pdf
Offering an analysis of the most pressing issues relating to the interaction between market integration and the provision of public services in the EU, this book addresses the underlying systemic issues, confronting core tensions at the heart of the EU's social and economic policy.
Public and Social Services in Europe by Hellmut Wollmann,Ivan Koprić,Gérard Marcou Pdf
This book presents comparative analyses and accounts of the institutional changes that have occurred to the local level delivery of public utilities and personal social services in countries across Europe. Guided by a common conceptual frame and written by leading country experts, the book pursues a “developmental” approach to consider how the public/municipal sector-centred institutionalization of service delivery (climaxing in the 1970s) developed through its New Public Management-inspired and European Union market liberalization-driven restructuring of the 1980s and early 1990s. The book also discusses the most recent phase since the late 1990s, which has been marked by further marketization and privatization of service delivery on the one hand, and some return to public sector provision (“remunicipalization”) on the other. By comprising some 20 European countries, including Central East European “transformation” countries as well as the “sovereign debt”-stricken countries of Southern Europe, the chapters of this volume cover a much broader cross section of countries than other recent publications on the same subject.
Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski
Author : Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski Publisher : Springer Science & Business Media Page : 626 pages File Size : 54,9 Mb Release : 2012-10-30 Category : Law ISBN : 9789067048767
Social Services of General Interest in the EU by Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski Pdf
The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.
Public Services and EU Competition Law by Daniele Gallo Pdf
This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.
Understanding E-Government in Europe by Paul G. Nixon,Vassiliki N. Koutrakou,Rajash Rawal Pdf
Presenting a multi-disciplinary approach, the comprehensive text analyses a range of challenges that governments are facing with the growth of e-government, spanning from those of a technological and managerial nature to those of a more political and legal nature.
Public Sector Information in the Digital Age by Georg Aichholzer,Herbert Burkert Pdf
This timely volume reviews key issues and developments in the controversial area of public sector information (PSI). It addresses the fundamental themes, challenges and conflicts surrounding the access to, and use of, PSI in the new digital era. Using detailed empirical analyses and case studies from across Europe and the USA, the authors focus on the crucial policy, economic, legal and social issues. The public sector is the biggest single producer and holder of information including administrative and government documents, regulatory texts, political data and public registers. The authors demonstrate that this huge store of information is a key resource for a broad range of stakeholders such as citizens, civic organisations, private businesses and public sector agencies. They argue that charging the marginal cost of dissemination, a policy favoured in the US, will lead to optimal economic growth in society and will far outweigh the immediate perceived benefits of aggressive cost recovery.
Public Service Management and Employment Relations in Europe by Stephen Bach,Lorenzo Bordogna Pdf
Has there been a transformation of public service employment relations in Europe since the crisis? Public Service Management and Employment Relations in Europe examines public service employment relations after the economic crisis, including analysis of more than thirty years of public service and workforce reform, and addresses the interplay between an emerging post-crisis public service sector and the consequences for the state, employers and trade unions in core public services. Written by leading national experts, this book places the economic crisis in a longer timeframe and examines how far trends in public sector employment relations were reinforced or reversed by the crisis. It provides an up-to-date analysis of the restructuring of public service employment relations in 12 major European countries, including analysis of little studied central and Eastern European countries. This book will be vital reading for researchers, academics and PhD Students in the fields of Public Management, Public Administration, Employment Relations, and Human Resource Management.
Public Services and Related Concepts in the European Union by Aleš Ferčič Pdf
"Public services or more precisely, to use the EU's terminology, services of general economic interest have traditionally played a vital role in the normal functioning of the society in the Member States. Yet, their equity or non-economic components have often caused tensions with the internal market components, such as the free movement of production factors, competition and economic efficiency. To put it simply, their place within the internal market has been for a long time a persistent irritant in the European public debate. However, the situation has changed over time, in particular after the Lisbon Treaty which introduced the "new context" which seems to be more friendly to services of general economic interest than ever before. In this regard it is worth noting that, given the place occupied by services of general economic interest in the shared values of the EU as well as their role in promoting social and territorial cohesion, the EU and the Member States, each within their respective powers and within the scope of application of the Treaties, must take care that such services operate on the basis of principles and conditions, particularly economic and financial conditions, which enable them to fulfil their missions. It is a kind of joint responsibility for the effective provision of services of general economic interest which indicates that also the EU institutions must accept them as a building block of the European (market) integration process. In fact, the recent case law seems to support this thesis. The Post-Lisbon state of play in the discussed field is in the center of the book but for practical reasons it also offers a broader view to a reader. The book consists of the three interrelated chapters which relate in one way or another to services of general economic interest and corresponding supranational legal framework. The latter is par excellence topic of the EU (law). The introductory chapter is designed as the EU law toolkit which explains the values and aims of the EU, its competences and institutional structure, the fundamental legal principles and concepts which are of particular importance for services of general economic interest. This is followed by the second chapter, which sets the scene by explaining the socio-political background at the both levels, national and supranational. In addition, the second chapter discusses the concept of services of general economic interest and related concepts. The third chapter is the very core of the book because it discusses the present EU's legal framework for services of general economic interest. In addition to the general and sector-specific hard law, it includes most relevant case law and soft law. The main emphasis is, however, on the primary (constitutional) EU law, predominantly on the part relating market competition, e.g. Art. 101-109 TFEU, and on the part which directly address services of general economic interest, e.g. Art. 14 and the related Protocol, Art. 106(2) TFEU, and Art. 36 CFREU. As such, the book could be interesting for all those who, in one way or another, deal with public services or services of general economic interest. Namely, the book is primarily oriented towards experts dealing with those services within the EU, however, due to its structure as well as gradualist and systematical approach, it can reach other readers as well and enable them to understand the EU's legal framework for services of general economic interest"--
Services of General Economic Interest as a Constitutional Concept of EU Law by Caroline Wehlander Pdf
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
Privatization of Public Services by Christoph Hermann,Jörg Flecker Pdf
Public services throughout Europe have undergone dramatic restructuring processes in recent years in connection with liberalization and privatization. While evaluations of the successes of public services have focused on prices and efficiency, much less attention has been paid to the impacts of liberalization and privatization on employment, labor relations, and working conditions. This book addresses this gap by illustrating the ways in which liberalization has contributed to increasing private and foreign ownership of public services, the decentralization of labor relations has amplified pressure on wages, and decreasing employment numbers and increasing workloads have improved productivity partly at the cost of service quality. Examining diverse public-service sectors including network industries, public transportation, and hospitals, and using international case studies, Privatization of Public Services covers a wide range of aspects of service provision, with particular emphasis on companies and workers. The result is a unique picture of the changes created by the liberalization processes in Europe.
Developments in Services of General Interest by Erika Szyszczak,Jim Davies,Mads Andenæs,Tarjei Bekkedal Pdf
This is the third book in the series Legal Issues of Services of General Interest. The book focuses upon a set of research questions on the recent developments in the emergence of services of general interest (SGIs) as a distinct EU concept. This includes, inter alia, the emergence of universal service obligations and the way they are regulated in the EU in primary and secondary law, the range of soft law communications adopted by the Commission to create a distinctive EU concept of SGIs, the residual role of hard law in the Treaty on the Functioning of the European Union (TFEU), the special problems created by Social Services of General Economic Interest and the interaction of procurement and state aid law with SGIs. A new perspective is offered in this book: some of the issues faced by the EU in accommodating SGIs into a regulatory framework are found also in the policy of the WTO and in least developed countries (LDCs).