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 Economic Interest as a Constitutional Concept of EU Law

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Publisher : Springer
ISBN 13 : 9462651175
Total Pages : 381 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 381 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.

EU State Aid Control

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Publisher : Kluwer Law International
ISBN 13 : 9789041151476
Total Pages : 0 pages
Book Rating : 4.1/5 (514 download)

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Book Synopsis EU State Aid Control by : Philipp Werner

Download or read book EU State Aid Control written by Philipp Werner and published by Kluwer Law International. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.

The Modernisation of State Aid for Economic and Social Development

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Publisher : Springer
ISBN 13 : 3319992260
Total Pages : 315 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 315 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 Brussels Effect

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Publisher : Oxford University Press
ISBN 13 : 0190088605
Total Pages : 368 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis The Brussels Effect by : Anu Bradford

Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

Treaty on the Functioning of the European Union - A Commentary

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Publisher : Springer Nature
ISBN 13 : 3030435113
Total Pages : 1699 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Treaty on the Functioning of the European Union - A Commentary by : Hermann-Josef Blanke

Download or read book Treaty on the Functioning of the European Union - A Commentary written by Hermann-Josef Blanke and published by Springer Nature. This book was released on 2021-05-31 with total page 1699 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.

The Market Economy Investor Test in EU State Aid Law

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Publisher : Kluwer Law International
ISBN 13 : 9789041161024
Total Pages : 0 pages
Book Rating : 4.1/5 (61 download)

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Book Synopsis The Market Economy Investor Test in EU State Aid Law by : Małgorzata Cyndecka

Download or read book The Market Economy Investor Test in EU State Aid Law written by Małgorzata Cyndecka and published by Kluwer Law International. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Dual Capacity of State and the MEIP --AG Lenz's View on the Applicability of the MEIP --Hytasa: Making a Distinction between the Two Capacities of the State --The Relation between the Fulfilment of Obligations, Which the State Assumed as a Public Authority, and the Exercise of Public Powers --The Applicability of the MEIP Post-EDF --The Applicability of the MEIP to Measures That Were Adopted in Relation to the 2008 Financial Crisis --The Applicability of the MEIP to the Financing of Services of General Economic Interest --Preliminary Remarks --Economic and Non-economic Objectives Pursued by a Public Investor --From Whose Perspective Should One Verify the Profitability of a State Intervention? --What Rate of Return Is Required under the MEIP and How to Calculate It? --In Search of the 'Right' Benchmark of the MEIP in a Given Case --When Should the Profitability Analysis Be Undertaken and Why? --The Test of Concomitance under the MEIP --The MEIP and Its Subtypes --The Judicial Review of Cases concerning the MEIP --Criticism of the MEIP --Conclusions.

Financing Services of General Economic Interest

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Publisher : T.M.C. Asser Press
ISBN 13 : 9789067049054
Total Pages : 298 pages
Book Rating : 4.0/5 (49 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 T.M.C. Asser Press. This book was released on 2012-11-30 with total page 298 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.

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 in EU Law

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Publisher : Cambridge University Press
ISBN 13 : 1107066123
Total Pages : 293 pages
Book Rating : 4.1/5 (7 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: Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.

The Reform of Network Industries

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786439034
Total Pages : 263 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Reform of Network Industries by : Massimo Florio

Download or read book The Reform of Network Industries written by Massimo Florio and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Network industries such as electricity, gas, rail, local public transport, telecommunications and postal services are recognised by the EU as crucial for fostering European social and territorial cohesion. Providing an overview of key policy reforms in these industries and an empirical evaluation, this thought-provoking book offers a critical perspective on the functioning of the networks that provide vital services to EU citizens.

Droit Des Aides D'etat Dans la CE

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127747
Total Pages : 510 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Droit Des Aides D'etat Dans la CE by : Francisco Santaolalla Gadea

Download or read book Droit Des Aides D'etat Dans la CE written by Francisco Santaolalla Gadea and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: A uniquely important contribution to the debate on EC State aid, this book captures the direct knowledge and experience of twenty-six current and former Commission State aid litigators, offering detailed 'insider' analysis of EC State aid court cases, as well as related internal legal issues, between 1994 and 2008. The book brings together both legal and economic analysis, with detailed reflections on aspects of both substantive legal rules and procedural law. It also offers, over and above the specific interest of the contributions it contains, invaluable insights into the working methods of the Commission Legal Service. This collaborative work was conceived and realized by its authors as a mark of recognition, and a gesture of respect and friendship, for Francisco Santaolalla, on the occasion of his retirement from the Commission after fourteen years' service as Director of the State aid team. Among the many legal and economic forces affecting State aid litigation, the authors focus on such factors as the following:A {exports;A {private investment;A {role of economic analysis;A {ecotaxes;A {privatization;A {remedies;A {existing aid;A {third parties;A {actions against State aid decisions;A {national court decisions;A {fiscal discipline; andA {WTO subsidies law. In illuminating the underlying issues, and describing how they are handled by the Commission Legal Service, the authors shed light on the likely future development of State aid law. The book will be of particular interest to antitrust practitioners as well as academics

State Aid Uncovered

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Publisher :
ISBN 13 : 9783869650289
Total Pages : 0 pages
Book Rating : 4.6/5 (52 download)

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Book Synopsis State Aid Uncovered by : Phedon Nicolaides

Download or read book State Aid Uncovered written by Phedon Nicolaides and published by . This book was released on 2016-02-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume of State Aid Uncovered reviews the main developments in the field of State aid in 2015. The past 12 months have been full of surprising twists and turns in the evolution of the concept of State aid. EU courts have ruled on issues such as public pronouncements and State resources, while the Commission has tackled tax advantages for multinational companies and has given us new perspectives on how State aid may affect cross-border trade. Phedon Nicolaides who is Professor at the College of Europe in Bruges and the University of Maastricht, as well as Academic Director at Lexxion Training, casts a critical eye on State aid judgments and decisions of the preceding year. The book compiles articles originally published on a weekly basis on Lexxion's StateAidHub.eu. The compilation is conveniently grouped into chapters covering issues such as "Non-Economic Activities," "Selectivity," "Infrastructure," or "Recovery of Incompatible State Aid." Each article presents the main points of a court ruling or Commission decision, places them in the context of similar case law or practice, assesses the underlying reasoning, and identifies any inconsistencies or contradictions. The reader will benefit from a fairly comprehensive and easily accessible compilation of the main developments in State aid law and practice and will gain an insight in how State aid principles can be applied in practice.

Regulation of Infrastructure Markets

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Publisher : Springer Science & Business Media
ISBN 13 : 3642338194
Total Pages : 283 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Regulation of Infrastructure Markets by : Davide Maresca

Download or read book Regulation of Infrastructure Markets written by Davide Maresca and published by Springer Science & Business Media. This book was released on 2012-09-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook is an effort to explain infrastructure markets from a unique perspective: regulation. Regulation means the analysis of two main groups of laws, namely internal market and antitrust law. The aim is to find a uniform regulation applicable to infrastructures in the European common market through a direct reading and explanation of judicial opinions. The book is divided into five parts: two general chapters and three thematic chapters. The first chapter is an introduction to the main European law principles applicable to infrastructure markets. The second chapter applies the Services of General Interest doctrine to infrastructure markets: The key issue is the separation of the public administrations and the private companies operating infrastructures. The thematic chapters focus on seaports, railways and airports, respectively. The core of the examination is a dual perspective dealing with both the internal market rules and ensuring fair competition.

EU State Aid Law

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Publisher :
ISBN 13 : 9781788975247
Total Pages : 0 pages
Book Rating : 4.9/5 (752 download)

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Book Synopsis EU State Aid Law by : Pier Luigi Parcu

Download or read book EU State Aid Law written by Pier Luigi Parcu and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive "check" by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.

State Aid and the Energy Sector

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509913696
Total Pages : 641 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis State Aid and the Energy Sector by : Leigh Hancher

Download or read book State Aid and the Energy Sector written by Leigh Hancher and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.

Legislating amidst public controversy: the services directive (Egmont Papers 32)

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Publisher : Academia Press
ISBN 13 : 9038215061
Total Pages : 56 pages
Book Rating : 4.0/5 (382 download)

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Book Synopsis Legislating amidst public controversy: the services directive (Egmont Papers 32) by : Peter Timmerman

Download or read book Legislating amidst public controversy: the services directive (Egmont Papers 32) written by Peter Timmerman and published by Academia Press. This book was released on with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: