The Changing Legal Framework for Services of General Interest in Europe: Between Competition and Solidarity

by Edited by Markus Krajewski , Ulla Neergaard , Johan van de Gronden

• ISBN13: 9789067043083
• ISBN10: 9067043087
• Edition: 1st
• Format: Hardcover
• Copyright: 2009-11-16
• Publisher: T.M.C. Asser Press

Summary

The European Legal Framework for the Provision of Services of General Interest/Public Services has been in a state of transformation since the early 1990s, causing profound effects on the social and economic policies pursued by the Member States. This examination of the impact of EC internal market, competition, state aid and procurement law on the provision of these services focuses in particular on the fields of health services, social services and local public services. It comprises horizontal studies on these subjects which take into account the most recent case law and community legislation from the European Court of Justice, and includes country reports from ten different Member States. It is of great interest to academics, practitioners, government officials and policymakers dealing with EC affairs. A publication of T.M.C. Asser Press, exclusively distributed by Cambridge University Press.

Table of Contents

Introduction Markus Krajewski, Ulla Neergaard and Johan van de Gronden

Concepts and Principles

'Services of general economic interest': the nature of the beast

What does Article 86 EC actually do?

Taking stock: the EU institutions and services of general economic interest

The value of solidarity in European public services law

Financing and Organising Services of General Interest

The Altmark case and the consequences

State aid control over public services: a view from the Court

Problems of cross-subsidisation

The conceptual links between state aid and public procurement in the financing of services of general economic interest

The never-ending story of 'in house' procurement

Regulating Services of General Interest

Modernising healthcare: pilgrimage for the Holy Grail?

The user-provider relationship: informed choice and user protection through private law

The services directive and services of general (economic) interest

Towards a general EC framework instrument related to SGEI? Political considerations and legal constraints

Experiences in the Member States

France

Italy

Spain

Germany

United

Netherlands

Sweden

Poland

Bulgaria

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