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Author : Committee of the Regions
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.3/5 ( download)
Download or read book Opinion on the Green Paper on Services of General Interest written by Committee of the Regions and published by . This book was released on 2003 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Commission of the European Communities
Publisher :
ISBN 13 :
Total Pages : 63 pages
Book Rating : 4.:/5 (535 download)
Download or read book On Services of General Interest written by Commission of the European Communities and published by . This book was released on 2003 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : European Commission
Publisher :
ISBN 13 :
Total Pages : 63 pages
Book Rating : 4.:/5 (847 download)
Download or read book Green Paper on Services of General Interest written by European Commission and published by . This book was released on 2003 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.:/5 (914 download)
Download or read book Social Services of General Interest written by and published by . This book was released on 2003 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Committee of the Regions
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (318 download)
Download or read book Opinion of the Committee of the Regions of 20 November 2003 on the Green Paper on Services of General Interest written by Committee of the Regions and published by . This book was released on 2003 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : The Chartered Society of Physiotherapy
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)
Download or read book Response to the European Commission's green paper on services of general interest written by The Chartered Society of Physiotherapy and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chartered Society of Physiotherapy has both general and specific points to make regarding the Green Paper of the European Commission on services of general interest .
Author : Ulla Neergaard
Publisher : Springer Science & Business Media
ISBN 13 : 9067048763
Total Pages : 626 pages
Book Rating : 4.0/5 (67 download)
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.
Author : Jarleth Burke
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912746
Total Pages : 266 pages
Book Rating : 4.5/5 (99 download)
Download or read book A Critical Account of Article 106(2) TFEU written by Jarleth Burke and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe's public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.
Author : Erika Szyszczak
Publisher : Springer Science & Business Media
ISBN 13 : 9067047341
Total Pages : 274 pages
Book Rating : 4.0/5 (67 download)
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 274 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).
Author : Lei Zhu
Publisher : Springer Nature
ISBN 13 : 9462653879
Total Pages : 320 pages
Book Rating : 4.4/5 (626 download)
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.
Author : Caroline Wehlander
Publisher : Springer
ISBN 13 : 9462651175
Total Pages : 381 pages
Book Rating : 4.4/5 (626 download)
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.
Author : Heinz Faßmann
Publisher : V&R Unipress
ISBN 13 : 3847004719
Total Pages : 276 pages
Book Rating : 4.8/5 (47 download)
Download or read book Services of General Interest and Territorial Cohesion written by Heinz Faßmann and published by V&R Unipress. This book was released on 2015-10-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: European societies and economies continue to rely on Services of General Interest (SGI) to produce legitimacy. Fair access to basic services such as transport, energy and communication infrastructures, education and health care is regarded as a cornerstone of the 'European Model of Society', as a way to promote Territorial Cohesion and lastly, as a right held by every EU citizen. These collective, regional and individual perspectives on Services of General Interest are in the focus of this edited volume. In the light of postmodern societies, demographic aging, migratory patterns, globalization and economic crises territorially sensitive challenges arise and targeted solutions are needed accordingly.
Author : Laura Nistor
Publisher : Springer Science & Business Media
ISBN 13 : 9067048054
Total Pages : 451 pages
Book Rating : 4.0/5 (67 download)
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 451 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.
Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780101819428
Total Pages : 92 pages
Book Rating : 4.8/5 (194 download)
Download or read book Justice and security green paper written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-10-19 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: In safeguarding national security the Government produces and receives sensitive information. This information must be protected appropriately, as failure to do so may compromise investigations, endanger lives and ultimately lessen its ability to keep the country safe. The increased security and intelligence activity of recent years has led to greater scrutiny including in the civil courts, which have heard a growing numbers of cases challenging Government decisions and actions in the national security sphere. Such cases involve information that under current rules cannot be disclosed in a courtroom. The UK justice system is then either unable to pass judgment and cases collapse or are settled without a judge reaching any conclusions. This green paper aims to respond to the challenges of how sensitive information is treated in the full range of civil proceedings. It looks for solutions that improve the current arrangements while upholding the Government's commitment to the rule of law. It also addresses the need for public reassurance that the national security work is robustly scrutinised, and that the scrutinising bodies are credible and effective. The proposals in this consultation are in three broad areas: enhancing procedural fairness, safeguarding material and reform of intelligence oversight.
Author : Iain Ramsay
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250247
Total Pages : 515 pages
Book Rating : 4.7/5 (822 download)
Download or read book Consumer Law and Policy written by Iain Ramsay and published by Bloomsbury Publishing. This book was released on 2012-10-25 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.
Author : Wolf Sauter
Publisher : Cambridge University Press
ISBN 13 : 0521857759
Total Pages : 271 pages
Book Rating : 4.5/5 (218 download)
Download or read book State and Market in European Union Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2009-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
Author : Wolf Sauter
Publisher : Cambridge University Press
ISBN 13 : 1316195074
Total Pages : 293 pages
Book Rating : 4.3/5 (161 download)
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.
