Developments In Services Of General Interest


Developments In Services Of General Interest
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Developments In Services Of General Interest


Developments In Services Of General Interest
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Author : Erika Szyszczak
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-05-18

Developments In Services Of General Interest written by Erika Szyszczak and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-18 with Law categories.


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).



Services Of General Economic Interest In Eu Competition Law


Services Of General Economic Interest In Eu Competition Law
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Author : Lei Zhu
language : en
Publisher: Springer Nature
Release Date : 2020-05-08

Services Of General Economic Interest In Eu Competition Law written by Lei Zhu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-08 with Law categories.


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.



Services Of General Interest And Territorial Cohesion


Services Of General Interest And Territorial Cohesion
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Author : Heinz Faßmann
language : en
Publisher: V&R Unipress
Release Date : 2015-10-28

Services Of General Interest And Territorial Cohesion written by Heinz Faßmann and has been published by V&R Unipress this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-28 with Social Science categories.


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.



Services Of General Economic Interest As A Constitutional Concept Of Eu Law


Services Of General Economic Interest As A Constitutional Concept Of Eu Law
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Author : Caroline Wehlander
language : en
Publisher: Springer
Release Date : 2016-06-23

Services Of General Economic Interest As A Constitutional Concept Of Eu Law written by Caroline Wehlander and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-23 with Law categories.


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.



Health Care And Eu Law


Health Care And Eu Law
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Author : Johan Willem van de Gronden
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-05-18

Health Care And Eu Law written by Johan Willem van de Gronden and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-18 with Law categories.


The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care. The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services. The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law. Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.



The Modernisation Of State Aid For Economic And Social Development


The Modernisation Of State Aid For Economic And Social Development
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Author : Bruno Nascimbene
language : en
Publisher: Springer
Release Date : 2018-11-28

The Modernisation Of State Aid For Economic And Social Development written by Bruno Nascimbene and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-28 with Law categories.


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 Role Of Public Sector In Local Economic And Territorial Development


The Role Of Public Sector In Local Economic And Territorial Development
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Author : Maroš Finka
language : en
Publisher: Springer
Release Date : 2018-08-31

The Role Of Public Sector In Local Economic And Territorial Development written by Maroš Finka and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-31 with Technology & Engineering categories.


The book covers the topic of the role of public sector in the economic and territorial development across several dimensions of spatial planning, e.g. theoretical-methodological (planning cultures, leadership), executive (regional policies, services of general interest), sectoral (energy, tourism, air-quality) or social (social innovation, preservation of cultural heritage). The book delivers up-to date knowledge build on interactions between representatives of different stakeholders of economic and territorial development with the research represented by renowned experts and academicians. This is mirrored in the content of the book, delivering in a consistent form the conceptual explanations combined with the examples of the role of the public sector in fostering the local economies within the frame of spatial planning. The book reflects and transfers the expert knowledge which has been generated during more than a decade of scientific and research activities of Spa-ce.net. Presents a comprehensive view on different aspects of the involvement of public sector in the local and regional spatial development; Includes a combination of macro-regionally specific perspectives with the generalized knowledge; Provides knowledge from various researchers from prestigious European scientific and research teams.



Codesign For Public Interest Services


Codesign For Public Interest Services
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Author : Daniela Selloni
language : en
Publisher: Springer
Release Date : 2017-03-20

Codesign For Public Interest Services written by Daniela Selloni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-20 with Social Science categories.


This books focuses on co-design, and more specifically, on the various forms co-design might take to tackle the most pressing societal challenges, introducing public-interest services as the main application field. To do so, it presents an extensive study conducted within a particular community of residents in Milan: this is a social innovation story integrated into the discipline of service design, which simultaneously deepens the related concepts of co-design, co-production and co-management of services. Drawing upon this experience and further studies, the book presents the idea of a collaborative infrastructure and its related infrastructuring process in ten steps, in order to explore the issues of incubation and replication of services and to extensively investigate the creation of those experimental spaces in which citizen participation is fostered and innovation in the public realm is pursued. Lastly, the book develops other lines of reflection on co-design seen, for example, as a form of cultural activism, as an instrument for building citizenship, and as a key competence for the public administration and thus as a public service itself. The idea of co-design as a way to regenerate the practices of democracy is a recurring theme throughout the book: co-design is a process that seeks to change the state of things and it is intentionally presented as a long and complex path in which the role of designer is not only that of a facilitator, but also that of a cultural operator who contributes with ideas and visions, hopefully fostering a real cultural change.



Services Of General Interest Beyond The Single Market


Services Of General Interest Beyond The Single Market
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Author : Markus Krajewski
language : en
Publisher: Springer
Release Date : 2015-06-23

Services Of General Interest Beyond The Single Market written by Markus Krajewski and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-23 with Law categories.


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.



Social Services Of General Interest In The Eu


Social Services Of General Interest In The Eu
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Author : Ulla Neergaard
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-30

Social Services Of General Interest In The Eu written by Ulla Neergaard and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-30 with Law categories.


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.