Author: Marise Cremona
Publisher: OUP Oxford
ISBN: 0191616834
Category : Law
Languages : en
Pages : 288
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Book Description
In a period when the nature and scope of the European internal market is hotly contested, this collection offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship between EU regulation and national policy choices and the 'joint responsibility' of the Union and the Member States. Outlining the most important current issues relating to market integration and public services in the EU, this book also addresses the underlying, systemic questions of the relation between public services and markets, and services and the consumer. Chapters also examine the application of state aids and procurement law to public services. The final two chapters focus on two public service sectors where the mix of Treaty rules, case law, and legislation has operated in rather different ways: public service media and health services
Author: Marise Cremona
Publisher: Oxford University Press
ISBN: 0199607737
Category : Law
Languages : en
Pages : 286
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Book Description
Offering an analysis of the most pressing issues relating to the interaction between market integration and the provision of public services in the EU, this book addresses the underlying systemic issues, confronting core tensions at the heart of the EU's social and economic policy.
Author: Laura Nistor
Publisher: Springer Science & Business Media
ISBN: 9789067048057
Category : Law
Languages : en
Pages : 446
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Book Description
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: Daniele Gallo
Publisher: Taylor & Francis
ISBN: 1000589293
Category : Law
Languages : en
Pages : 132
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Book Description
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.
Author: Hellmut Wollmann
Publisher: Springer
ISBN: 1137574992
Category : Political Science
Languages : en
Pages : 349
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Book Description
This book presents comparative analyses and accounts of the institutional changes that have occurred to the local level delivery of public utilities and personal social services in countries across Europe. Guided by a common conceptual frame and written by leading country experts, the book pursues a “developmental” approach to consider how the public/municipal sector-centred institutionalization of service delivery (climaxing in the 1970s) developed through its New Public Management-inspired and European Union market liberalization-driven restructuring of the 1980s and early 1990s. The book also discusses the most recent phase since the late 1990s, which has been marked by further marketization and privatization of service delivery on the one hand, and some return to public sector provision (“remunicipalization”) on the other. By comprising some 20 European countries, including Central East European “transformation” countries as well as the “sovereign debt”-stricken countries of Southern Europe, the chapters of this volume cover a much broader cross section of countries than other recent publications on the same subject.
Author: Hellmut Wollmann
Publisher: Edward Elgar Pub
ISBN: 9781848448094
Category : Business & Economics
Languages : en
Pages : 266
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Book Description
'This book gives a comprehensive analysis and explanation of social and public services in five European countries. Despite Norway not being a member of the EU, these policy areas deliver a keen lesson in the Europeanization of public policy and the convergence of European states' approach to governance. It is a book that will become required reading on MPAs and public administration/public management courses.' - Andrew Massey, University of Exeter, UK
Author: Ulla Neergaard
Publisher: Springer Science & Business Media
ISBN: 9067048763
Category : Law
Languages : en
Pages : 626
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Book Description
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: Wolf Sauter
Publisher: Cambridge University Press
ISBN: 1107066123
Category : Business & Economics
Languages : en
Pages : 293
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Book Description
Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.
Author: Paul G. Nixon
Publisher: Routledge
ISBN: 113524572X
Category : Political Science
Languages : en
Pages : 351
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Book Description
Explains the challenges that governments face and how various factors play a role before we can even begin to speak of successful transferral to e-government. Presenting a multi-disciplinary approach, this book analyses a range of challenges spanning from those of a technological and managerial nature to those of political and legal nature.
Author: Aleš Ferčič
Publisher:
ISBN: 9781536164237
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
"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"--
