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

Author: Caroline Wehlander

Publisher: Springer

Published: 2016-06-23

Total Pages: 381

ISBN-13: 9462651175

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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.

Social Services of General Interest in the EU
Social Services of General Interest in the EU

Author: Ulla Neergaard

Publisher: Springer Science & Business Media

Published: 2012-10-30

Total Pages: 626

ISBN-13: 9067048763

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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.

EU Competition and State Aid Rules
EU Competition and State Aid Rules

Author: Vesna Tomljenović

Publisher: Springer

Published: 2017-12-28

Total Pages: 316

ISBN-13: 3662479621

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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.

Social Services between General Interest Orientation and Internal Market Dynamics
Social Services between General Interest Orientation and Internal Market Dynamics

Author: Mathias Maucher

Publisher: LIT Verlag Münster

Published: 2020-01-08

Total Pages: 510

ISBN-13: 3643909993

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The thesis analyses the EU-level policy process on "Social Services of General Interest" over more than a decade. The author identifies the factors that can explain the development and state of play of the EU-level legal, policy and quality frameworks at the end of 2016. He elaborates on relevant theories, concepts and political discourses and looks into the role and initiatives of the EU Member States and the European Commission as the key policymakers. The thesis analyses the reasons and implications for the organisation, provision and financing of social services that stem from the overarching or recalibration of national policy arenas and scopes by the internal market and the EU policy context.

Services of General Interest Beyond the Single Market
Services of General Interest Beyond the Single Market

Author: Markus Krajewski

Publisher: Springer

Published: 2015-06-23

Total Pages: 405

ISBN-13: 9462650632

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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.

Research Handbook on European State Aid Law
Research Handbook on European State Aid Law

Author: Leigh Hancher

Publisher: Edward Elgar Publishing

Published: 2021-01-29

Total Pages: 384

ISBN-13: 1789909252

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This revised and updated Research Handbook on European State Aid Law brings together established academics and practitioners to provide a wide-ranging coverage of the field. Incorporating political science, economics and the law in its analysis, it provides a strong overview of the salient issues in State aid law and policy.

European Union Law of State Aid
European Union Law of State Aid

Author: Kelyn Bacon QC

Publisher: Oxford University Press

Published: 2017-01-19

Total Pages: 911

ISBN-13: 0191091235

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This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.

Financing Services of General Economic Interest
Financing Services of General Economic Interest

Author: Erika Szyszczak

Publisher: Springer Science & Business Media

Published: 2014-07-08

Total Pages: 301

ISBN-13: 9067049069

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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.

EU State Aid Control of Infrastructure Funding
EU State Aid Control of Infrastructure Funding

Author: Corinne Ruechardt

Publisher: Kluwer Law International B.V.

Published: 2018-07-03

Total Pages: 394

ISBN-13: 904119116X

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The elements of infrastructure – roads, transportation, electricity, water, communications, schools, hospitals – are so ingrained in the fabric of daily life that few people give a second thought to who provides them, and how. Yet, they are controlled by an extensive and complex regulatory system. Moreover, the EU’s State aid modernization plan has made infrastructure a crucial aspect of competition law. How did EU State aid law turn into regulation on whether a city can build a new airport, or how it may operate a school? And what do the rules actually mean for infrastructure funding? These are the questions this book, the first comprehensive guide to EU State aid law in this key sector and a major contribution to the debate on the topic, seeks to answer. In its thorough review of the legal literature as well as relevant legislation and case law, this book covers such aspects of the infrastructure-State aid nexus as the following: – role of infrastructure in competition law; – infrastructure funding as aid and its compatibility with the internal market; – impact on land development and other ongoing activities; – sector-specific impact of State aid regulation on the design of infrastructure projects; – risk management; and – newer infrastructure sectors such as sports and cultural and healthcare projects. At many points in the presentation, the case-by-case analysis provides individual appraisals. In addition to focusing on the complex rules and how they have been interpreted in the decisional practice of the Commission and in the EU case law, this book provides deeply informed proposals for reform. This is a key work in a field of EU law that has developed and changed dramatically in recent years. It is sure to be of immeasurable value to practitioners and jurists in State aid law, competition law, and public procurement, as well as market actors (aid beneficiaries and competitors), policymakers, government officials, and business persons in these fields.

Services of General Interest and Territorial Cohesion
Services of General Interest and Territorial Cohesion

Author: Heinz Faßmann

Publisher: V&R Unipress

Published: 2015-10-28

Total Pages: 276

ISBN-13: 3847004719

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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.