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.

Public Services and EU Competition Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000589293
Total Pages : 132 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Public Services and EU Competition Law by : Daniele Gallo

Download or read book Public Services and EU Competition Law written by Daniele Gallo and published by Taylor & Francis. This book was released on 2022-06-09 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sourcebook on EU Competition Law

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Author :
Publisher : Uitgeverij Larcier
ISBN 13 : 2804485617
Total Pages : 2784 pages
Book Rating : 4.8/5 (44 download)

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Book Synopsis Sourcebook on EU Competition Law by : Anne-Marie Van den Bossche

Download or read book Sourcebook on EU Competition Law written by Anne-Marie Van den Bossche and published by Uitgeverij Larcier. This book was released on 2015-10-21 with total page 2784 pages. Available in PDF, EPUB and Kindle. Book excerpt: One risks to drown in the flood of ever more regulatory texts, judgments, books and articles on European competition law. The Sourcebook on EU Competition Law brings some order to this subject. It combines the advantages of a practical one-volume overview of the law as it stands with an extensive bibliography which puts the reader on the right track towards in-depth research. The Sourcebook on EU Competition Law offers: (a) a full-text collection of EU documents on competition law: core Articles of the post-Lisbon Treaties, relevant Protocols, secondary legislation, Commission notices and communications; (b) excerpts of relevant judgments of the General Court and the European Court of Justice; (c) an extensive bibliography with books, articles and overviews of case law in several EU languages; and (d) notification forms, brought together in a separate section for easy reference. The Sourcebook on EU Competition Law covers all areas of competition law: restrictive practices, abuse of dominant position, merger control, state aid and services of general economic interest. The book’s structure allows the reader to distinguish easily between the essential provisions and the implementing measures.

Social Services of General Interest in the EU

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Author :
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 Economic Interest as a Constitutional Concept of EU Law

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Author :
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 EU Competition Law. The Social Market Economy in Action

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Author :
Publisher :
ISBN 13 : 9788892140707
Total Pages : pages
Book Rating : 4.1/5 (47 download)

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Book Synopsis Public Services and EU Competition Law. The Social Market Economy in Action by : Daniele Gallo

Download or read book Public Services and EU Competition Law. The Social Market Economy in Action written by Daniele Gallo and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

State Aid and the European Economic Constitution

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Author :
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.

EU Competition Law

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Publisher :
ISBN 13 : 9789077644300
Total Pages : 0 pages
Book Rating : 4.6/5 (443 download)

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Book Synopsis EU Competition Law by : Nicola Pesaresi

Download or read book EU Competition Law written by Nicola Pesaresi and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. With the adoption of its 2005 Action Plan, the European Commission has launched a major reform of its State Aid policy. New Rules on research and development and innovation, risk capital, regional policy and services of general economic interest have recently been adopted. This book explains in detail the substance and procedure established by the EU Treaty rules on State Aid, as well as covering these major changes. It also provides an exhaustive guide to the major upheaval of the Commission's State Aid policy that has taken place in recent years. This second edition of the State aid volumes constitutes a state of the art description and analysis of all aspects of the State aid discipline. Above all, it sets out all the novelties of the State Aid Modernisation programme which was launched in 2012 and completed in summer 2014. The new edition reviews all major guidelines, frameworks and legislation, including the Procedural Regulation, the Enabling Regulation, the General block exemption Regulation and the de minimis Regulation. The book explains the Commission's overall approach to compatibility of State aid, describes the new common principles for assessment and discusses the new requirements for evaluation and transparency. It gives a detailed account of the new rules on research, development and innovation, energy and environment (including the ETS), risk capital and risk finance, regional development, and rescue and restructuring of firms in difficulty. The book also explains the first rules ever adopted by the Commission on important projects of common European interest. It discusses the relationship between State aid and the Structural Funds, in particular in light of the new use of those funds via financial instruments. All the main economic sectors affected by the modernisation programme are discussed, including broadband, cinema, public service broadcasting, aviation, maritime and land transport, agriculture and fisheries. A special section is dedicated to services of general economic interest, introducing the new SGEI package and explaining how it has been applied. The section on banking provides a full account of how the rules and enforcement practice have evolved since the start of the financial crisis and discusses the issues which arise with the introduction of the new regulatory framework for a European Banking Union. The notion of aid section takes account of the most recent jurisprudence of the Union Courts and the Commission's decisional practice, thereby addressing issues frequently faced by practitioners and public authorities. Above all, the new edition builds on the hands-on expertise of many authors who have been dealing with State aid cases in the recent past.

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).

New EU State Aid Rules for Services of General Economic Interest

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Author :
Publisher : Lexxion Verlagsgesellschaft
ISBN 13 : 386965208X
Total Pages : 6 pages
Book Rating : 4.8/5 (696 download)

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Book Synopsis New EU State Aid Rules for Services of General Economic Interest by :

Download or read book New EU State Aid Rules for Services of General Economic Interest written by and published by Lexxion Verlagsgesellschaft. This book was released on 2012 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the Conference: "The Reform of State Aid Rules on Services of General Economic Interest". From the 2005 Monti-Kroes Package to the 2011 Almunia Reform, 30 September 2011 Global Competition Law Center, College of Europe, Bruges.

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.

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.

EU Competition and State Aid Rules

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Publisher : Springer
ISBN 13 : 3662479621
Total Pages : 313 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis EU Competition and State Aid Rules by : Vesna Tomljenović

Download or read book EU Competition and State Aid Rules written by Vesna Tomljenović and published by Springer. This book was released on 2017-12-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.

Higher Education Institutions in the EU: Between Competition and Public Service

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Publisher : Springer
ISBN 13 : 946265168X
Total Pages : 272 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Higher Education Institutions in the EU: Between Competition and Public Service by : Andrea Gideon

Download or read book Higher Education Institutions in the EU: Between Competition and Public Service written by Andrea Gideon and published by Springer. This book was released on 2017-02-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the impact of EU law and policy on the Member States’ higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.

Competition Policy in Europe

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Publisher : Springer Science & Business Media
ISBN 13 : 3540247122
Total Pages : 250 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Competition Policy in Europe by : Johann Eekhoff

Download or read book Competition Policy in Europe written by Johann Eekhoff and published by Springer Science & Business Media. This book was released on 2013-03-19 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern industrial states desperately need more competition in order to generate growth and employment. Although the European Union pushed its member states to open several sectors to competition, there is much left to be done. At the same time powerful interest groups try to avoid or to reduce competition on European labour markets, in the health systems, in the transport and energy sector, in public services, and in many other areas. This book shows that there is much to be gained from intensifying competition and that especially consumers would benefit. One task is to lay a sound basis for the application of competition. The other task is to implement and guarantee competition. The authors cover both issues.

Public Services and Related Concepts in the European Union

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Author :
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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Author :
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.