Services Of General Economic Interest As A Constitutional Concept Of Eu Law

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Services of General Economic Interest as a Constitutional Concept of EU Law

Caroline Wehlander

Author : Caroline Wehlander
Publisher : Springer
Page : 374 pages
File Size : 55,8 Mb
Release : 2016-06-23
Category : Law
ISBN : 9789462651173

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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.

Public Services and Related Concepts in the European Union

Aleš Ferčič

Author : Aleš Ferčič
Publisher : Unknown
Page : 232 pages
File Size : 54,8 Mb
Release : 2019-10-30
Category : Business & Economics
ISBN : 1536164232

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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"--

Financing Services of General Economic Interest

Erika Szyszczak,Johan Willem van de Gronden

Author : Erika Szyszczak,Johan Willem van de Gronden
Publisher : Springer Science & Business Media
Page : 301 pages
File Size : 44,6 Mb
Release : 2014-07-08
Category : Law
ISBN : 9789067049061

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Financing Services of General Economic Interest by Erika Szyszczak,Johan Willem van de Gronden Pdf

This book examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark. This case changed the direction of how Services of General and Economic Interest (SGEI) should be funded in the EU against a background of liberalisation, and the need for efficiency and global competitiveness. The book examines the European Commission’s response to the Altmark ruling in the measures known as the ‘Altmark-Monti-Kroes Package’ and charts the review of this package from 2009 culminating in a new package of measures, known as the ‘Almunia Package’. The seemingly technocratic idea of a review of the ‘Altmark-Monti-Kroes Package’ could not have anticipated the demanding and changed economic and constitutional context of the EU in 2009. It is in this light that the authors in this book explore in great detail the different components of the new ‘Almunia Package’ of measures introduced in 2011-2012, offering a critical review and highlighting where the future direction of the regulation of SGEI may lead as the EU struggles in an economic climate of austerity to balance a new constitutional dimension of a ‘highly competitive social market economy’ with a modernisation agenda for the single market.

State Aid and the European Economic Constitution

Francesco de Cecco

Author : Francesco de Cecco
Publisher : Bloomsbury Publishing
Page : 141 pages
File Size : 46,5 Mb
Release : 2012-12-14
Category : Law
ISBN : 9781782250517

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State Aid and the European Economic Constitution by Francesco de Cecco Pdf

Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.

Services of General Economic Interest in EU Competition Law

Lei Zhu

Author : Lei Zhu
Publisher : Springer Nature
Page : 320 pages
File Size : 49,8 Mb
Release : 2020-05-08
Category : Law
ISBN : 9789462653870

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Services of General Economic Interest in EU Competition Law by Lei Zhu Pdf

This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.

Developments in Services of General Interest

Erika Szyszczak,Jim Davies,Mads Andenæs,Tarjei Bekkedal

Author : Erika Szyszczak,Jim Davies,Mads Andenæs,Tarjei Bekkedal
Publisher : Springer Science & Business Media
Page : 274 pages
File Size : 53,9 Mb
Release : 2011-05-18
Category : Law
ISBN : 9789067047340

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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).

Social Services of General Interest in the EU

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 : 51,5 Mb
Release : 2012-10-30
Category : Law
ISBN : 9789067048767

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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.

Services of General Interest Beyond the Single Market

Markus Krajewski

Author : Markus Krajewski
Publisher : Springer
Page : 401 pages
File Size : 46,7 Mb
Release : 2015-06-23
Category : Law
ISBN : 9789462650633

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Services of General Interest Beyond the Single Market by Markus Krajewski Pdf

This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU’s external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.

Solidarity in EU Law

Andrea Biondi,Eglė Dagilytė,Esin Küçük

Author : Andrea Biondi,Eglė Dagilytė,Esin Küçük
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 2018
Category : Constitutional law
ISBN : 1783477776

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Solidarity in EU Law by Andrea Biondi,Eglė Dagilytė,Esin Küçük Pdf

The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity's practical and theoretical meaning and legal enforcement in the ever-changing Union. Solidarity in EU Law examines the less explored topics of the European solidarity debate, such as the practical enforceability of solidaristic obligations in EU law and non-EU investment into the economic services of general interest via ?golden shares?, at the same time contributing to the ongoing debates on solidarity in the context of European financial crisis and immigration, asylum and border checks. The expert editors bring these fields together to create a cohesive analysis of the ways in which solidarity is becoming a principle of EU constitutional law rather than merely a philosophical or political concept. Unique and insightful, this book is ideal reading for European law academics and research students. Its exploration of the current laws on solidarity regarding asylum and human rights would also benefit advisors in non-governmental organisations, as well as legal advice professionals working with EU citizens. Contributors: J. Bast, A. Biondi, E. Dagilyte, D. Gallo, I. Goldner Lang, E. Küçük, G. Lo Schiavo, C. Rieder, P. Van Cleynenbreugel

Market Integration and Public Services in the European Union

Marise Cremona

Author : Marise Cremona
Publisher : Oxford University Press
Page : 286 pages
File Size : 55,6 Mb
Release : 2011-03-03
Category : Law
ISBN : 9780199607730

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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.

The EU Social Market Economy and the Law

Delia Ferri,Fulvio Cortese

Author : Delia Ferri,Fulvio Cortese
Publisher : Routledge
Page : 347 pages
File Size : 49,6 Mb
Release : 2018-07-20
Category : Law
ISBN : 9781351068505

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The EU Social Market Economy and the Law by Delia Ferri,Fulvio Cortese Pdf

Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

The Modernisation of State Aid for Economic and Social Development

Bruno Nascimbene,Alessia Di Pascale

Author : Bruno Nascimbene,Alessia Di Pascale
Publisher : Springer
Page : 314 pages
File Size : 48,9 Mb
Release : 2018-11-28
Category : Law
ISBN : 9783319992266

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The Modernisation of State Aid for Economic and Social Development by Bruno Nascimbene,Alessia Di Pascale Pdf

This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission’s change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book’s second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.

Public Services and the European Union

Laura Nistor

Author : Laura Nistor
Publisher : Springer Science & Business Media
Page : 451 pages
File Size : 49,5 Mb
Release : 2011-09-15
Category : Law
ISBN : 9789067048057

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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.

The Changing Legal Framework for Services of General Interest in Europe

Markus Krajewski,Johan van de Gronden,Ulla Neergaard

Author : Markus Krajewski,Johan van de Gronden,Ulla Neergaard
Publisher : T.M.C. Asser Press
Page : 544 pages
File Size : 50,7 Mb
Release : 2011-08-27
Category : Law
ISBN : 9067047260

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The Changing Legal Framework for Services of General Interest in Europe by Markus Krajewski,Johan van de Gronden,Ulla Neergaard Pdf

INTRODUCTION Markus Krajewski, Ulla Neergaard, Johan van de Gronden I. The changing framework of public services in Europe In recent years, the body of European law affecting public services – services of general economic interest as they are called in the EC Treaty – has been subject to a significant transformation. Until the mid-1990s, services provided by public - thorities on the basis of monopolies or other forms of restrictions of market access were regarded as derogations from the disciplines of the internal market and c- petition law. The underlying assumption was that the open and competitive market order established by the EC Treaty was also an appropriate framework for the p- vision of services of general economic interest. The early liberalisation of telec- munication and postal services were also driven by the assumption that more competition will lead to better and cheaper services for the consumers. However, soon the European institutions, in particular the European Commission noticed that high quality public services were not only important to consumers, but that these services also formed a significant element of the European social model which could at times be in conflict with the strict application of the logics of free markets and unrestricted competition. Hence, greater emphasis was placed on the specific requirements of services of general economic interest as core values of the Member States and the Community.

Public Services in EU Law

Wolf Sauter

Author : Wolf Sauter
Publisher : Cambridge University Press
Page : 293 pages
File Size : 55,5 Mb
Release : 2014-11-27
Category : Business & Economics
ISBN : 9781107066120

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Public Services in EU Law by Wolf Sauter Pdf

Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.

Services Of General Economic Interest As A Constitutional Concept Of Eu Law

Services of General Economic Interest as a Constitutional Concept of EU Law by Caroline Wehlander Pdf

Public Services and Related Concepts in the European Union by Aleš Ferčič Pdf

Financing Services of General Economic Interest by Erika Szyszczak,Johan Willem van de Gronden Pdf

State Aid and the European Economic Constitution by Francesco de Cecco Pdf

Services of General Economic Interest in EU Competition Law by Lei Zhu Pdf

Developments in Services of General Interest by Erika Szyszczak,Jim Davies,Mads Andenæs,Tarjei Bekkedal Pdf

Social Services of General Interest in the EU by Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski Pdf

Services of General Interest Beyond the Single Market by Markus Krajewski Pdf

Solidarity in EU Law by Andrea Biondi,Eglė Dagilytė,Esin Küçük Pdf

Market Integration and Public Services in the European Union by Marise Cremona Pdf

The EU Social Market Economy and the Law by Delia Ferri,Fulvio Cortese Pdf

The Modernisation of State Aid for Economic and Social Development by Bruno Nascimbene,Alessia Di Pascale Pdf

Public Services and the European Union by Laura Nistor Pdf

The Changing Legal Framework for Services of General Interest in Europe by Markus Krajewski,Johan van de Gronden,Ulla Neergaard Pdf

Public Services in EU Law by Wolf Sauter Pdf

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