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

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Publisher : Springer
ISBN 13 : 9462651175
Total Pages : 374 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Services of General Economic Interest as a Constitutional Concept of EU Law by : Caroline Wehlander

Download or read book Services of General Economic Interest as a Constitutional Concept of EU Law written by Caroline Wehlander and published by Springer. This book was released on 2016-06-23 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher :
ISBN 13 : 9781536164237
Total Pages : 232 pages
Book Rating : 4.1/5 (642 download)

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Book Synopsis Public Services and Related Concepts in the European Union by : Aleš Ferčič

Download or read book Public Services and Related Concepts in the European Union written by Aleš Ferčič and published by . This book was released on 2019-10-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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

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Publisher : Springer Science & Business Media
ISBN 13 : 9067049069
Total Pages : 301 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Financing Services of General Economic Interest by : Erika Szyszczak

Download or read book Financing Services of General Economic Interest written by Erika Szyszczak and published by Springer Science & Business Media. This book was released on 2014-07-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250514
Total Pages : 141 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis State Aid and the European Economic Constitution by : Francesco de Cecco

Download or read book State Aid and the European Economic Constitution written by Francesco de Cecco and published by Bloomsbury Publishing. This book was released on 2012-12-14 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Developments in Services of General Interest

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Publisher : Springer Science & Business Media
ISBN 13 : 9067047341
Total Pages : 266 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Developments in Services of General Interest by : Erika Szyszczak

Download or read book Developments in Services of General Interest written by Erika Szyszczak and published by Springer Science & Business Media. This book was released on 2011-05-18 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Services of General Economic Interest in EU Competition Law

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Publisher : Springer Nature
ISBN 13 : 9462653879
Total Pages : 320 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Services of General Economic Interest in EU Competition Law by : Lei Zhu

Download or read book Services of General Economic Interest in EU Competition Law written by Lei Zhu and published by Springer Nature. This book was released on 2020-05-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Social Services of General Interest in the EU

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Publisher : Springer Science & Business Media
ISBN 13 : 9067048763
Total Pages : 626 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Social Services of General Interest in the EU by : Ulla Neergaard

Download or read book Social Services of General Interest in the EU written by Ulla Neergaard and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Springer
ISBN 13 : 9462650632
Total Pages : 401 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Services of General Interest Beyond the Single Market by : Markus Krajewski

Download or read book Services of General Interest Beyond the Single Market written by Markus Krajewski and published by Springer. This book was released on 2015-06-23 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher :
ISBN 13 : 9781783477777
Total Pages : 0 pages
Book Rating : 4.4/5 (777 download)

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Book Synopsis Solidarity in EU Law by : Andrea Biondi

Download or read book Solidarity in EU Law written by Andrea Biondi and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Public Services and the European Union

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Publisher : Springer Science & Business Media
ISBN 13 : 9789067048057
Total Pages : 446 pages
Book Rating : 4.0/5 (48 download)

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Book Synopsis Public Services and the European Union by : Laura Nistor

Download or read book Public Services and the European Union written by Laura Nistor and published by Springer Science & Business Media. This book was released on 2011-09-15 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : OUP Oxford
ISBN 13 : 0191616834
Total Pages : 288 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Market Integration and Public Services in the European Union by : Marise Cremona

Download or read book Market Integration and Public Services in the European Union written by Marise Cremona and published by OUP Oxford. This book was released on 2011-03-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a period when the nature and scope of the European internal market is hotly contested, this collection offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship between EU regulation and national policy choices and the 'joint responsibility' of the Union and the Member States. Outlining the most important current issues relating to market integration and public services in the EU, this book also addresses the underlying, systemic questions of the relation between public services and markets, and services and the consumer. Chapters also examine the application of state aids and procurement law to public services. The final two chapters focus on two public service sectors where the mix of Treaty rules, case law, and legislation has operated in rather different ways: public service media and health services

Public Services in EU Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316195074
Total Pages : 293 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Public Services in EU Law by : Wolf Sauter

Download or read book Public Services in EU Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2014-11-27 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.

The EU Social Market Economy and the Law

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Author :
Publisher : Routledge
ISBN 13 : 1351068504
Total Pages : 347 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The EU Social Market Economy and the Law by : Delia Ferri

Download or read book The EU Social Market Economy and the Law written by Delia Ferri and published by Routledge. This book was released on 2018-07-20 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Economic and Social Integration

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781005176
Total Pages : 348 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Economic and Social Integration by : Dagmar Schiek

Download or read book Economic and Social Integration written by Dagmar Schiek and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.

The Modernisation of State Aid for Economic and Social Development

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Author :
Publisher : Springer
ISBN 13 : 3319992260
Total Pages : 314 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Modernisation of State Aid for Economic and Social Development by : Bruno Nascimbene

Download or read book The Modernisation of State Aid for Economic and Social Development written by Bruno Nascimbene and published by Springer. This book was released on 2018-11-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Changing Legal Framework for Services of General Interest in Europe

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Publisher : T.M.C. Asser Press
ISBN 13 : 9789067047265
Total Pages : 544 pages
Book Rating : 4.0/5 (472 download)

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Book Synopsis The Changing Legal Framework for Services of General Interest in Europe by : Markus Krajewski

Download or read book The Changing Legal Framework for Services of General Interest in Europe written by Markus Krajewski and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Constitutional Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509909141
Total Pages : 367 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Constitutional Law by : Allan Rosas

Download or read book EU Constitutional Law written by Allan Rosas and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: What constitution? a rose by any other name -- An elephant that cannot be defined? what the EU is, and is not -- Marking the territory: principles governing union competences -- Who is the boss? in search of a master of the treaties -- Looking past the trees to see the wood: construing a hierarchy of norms -- Into the estuaries and up the rivers : union law in the national legal orders of the member states -- A lot more than Brussels bureaucrats : the institutional framework -- A suprematist composition? differentiation and flexibility -- What deficit? the EU system of democracy -- Civis Europeus Sum : the evolving concept of union citizenship -- Taking rights more seriously? the EU system of fundamental rights -- Broadening horizons? the area of freedom, security, and justice -- The internal market : liberal, social or green? -- Building a house by starting with the roof? economic and monetary policy -- EU external relations : an elephant trumpeting loud and clear or a gaggle of geese? -- Covenants of no strength to secure a man at all? issues of enforcement and control -- The elephant in the room? concluding remarks