Public Services and Related Concepts in the European Union

234 Pages·2019·3.997 MB·English

by  Aleš Ferčič

LAWS AND LEGISLATION

P S
UBLIC ERVICES AND
R C
ELATED ONCEPTS IN THE
E U
UROPEAN NION

U E
NDERSTANDING THE UROPEAN
U ’ L F
NION S EGAL RAMEWORK
S G
FOR ERVICES OF ENERAL
E I
CONOMIC NTEREST

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L L
AWS AND EGISLATION

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website under the Series tab.
LAWS AND LEGISLATION

P S
UBLIC ERVICES AND
R C
ELATED ONCEPTS IN THE
E U
UROPEAN NION

U E
NDERSTANDING THE UROPEAN
U ’ L F
NION S EGAL RAMEWORK
S G
FOR ERVICES OF ENERAL
E I
CONOMIC NTEREST

ALEŠ FERČIČ
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Library of Congress Cataloging-in-Publication Data
Names: Ferčič, Aleš, author.
Title: Public services and related concepts in the European Union :
understanding the European Union's legal framework for services of
general economic interest / Aleš Ferčič.
Description: Hauppauge : Nova Science Publishers, 2020. | Series: Laws and
legislation | Includes bibliographical references and index. |
Identifiers: LCCN 2019042872 (print) | LCCN 2019042873 (ebook) | ISBN
9781536164220 (hardcover) | ISBN 9781536164237 (adobe pdf)
Subjects: LCSH: Municipal services--Law and legislation--European Union
countries. | Economic assistance, Domestic--Law and
legislation--European Union countries. | Subsidies--Law and
legislation--European Union countries. | European Union
countries--Economic integration.
Classification: LCC KJE6848 .F47 2020 (print) | LCC KJE6848 (ebook) | DDC
344.24/06--dc23
LC record available at https://lccn.loc.gov/2019042872
LC ebook record available at https://lccn.loc.gov/2019042873

Published by Nova Science Publishers, Inc. † New York
CONTENTS

Table of Cited Treaties with Protocols, and the Charter xi
Table of Cited European Union Directives and Regulations xiii
Table of Cited Cases before the Court of Justice
of the European Union xix
Foreword xxvii
Peter Grilc
Preface xxxi
Acknowledgements xxxvii
List of Acronyms xxxix
Chapter 1 European Union Law Toolkit:
Selected Fundamental Principles and Concepts
of European Union Law and Their Impact
on Public Services 1
1. Introduction 1
2. Unique Features of the European Union 2
3. Values and Aims of the European Union 4
3.1. General Overview 4
3.2. Variety of Values and Aims:
The Clash of the Titans 6
vi Contents
3.3. Catalogue of Values and Aims 8
3.4. The EU’s Aim to Ensure
the Effective Provision of Services
of General Economic Interest 9
4. Competences of the European Union 10
4.1. Limits to the Competences
of the European Union 11
4.2. Use of Competences
of the European Union 13
4.3. (Internal) Division of Powers:
The Institutional Aspect 15
5. European Union Legal System 17
5.1. General Overview 18
5.2. Primary Legal Sources 19
5.3. Secondary Legal Sources 22
6. Enforcement of European Union Law 23
6.1. Principle of Primacy 24
6.2. Principle of Direct Effect
(and Beyond) 26
6.3. Principle of Procedural Autonomy 29
Chapter 2 Setting the Scene: The Socio-Economic
and Political Background of Public Services
in the European Union and Beyond 31
1. Introduction 31
2. The Socio-Economic and Political
Background of Public Services
in the European Union 32
2.1. The Welfare State and the European
Social Model: The Importance
of Public Services or Services
of General Economic Interest 32
2.2. Public Services and Competitive
Markets: The Limits of Competition
Law 36
2.3. The Liberalization of Certain
Infrastructure Sectors and Its Effects
on Public Services or Services
of General Economic Interest 39
Contents vii
3. Public Services and Related National
and Supranational Concepts 53
3.1. Public Services Concepts as
Developed in Various Member States 54
3.2. Services of General Economic
Interest 57
3.3. Services of General Interest 63
3.4. Social Services of General Interest 64
3.5. Universal Services 65
Chapter 3 The European Union’s Legal Framework
for Services of General Economic Interest 67
1. Introduction 67
2. Overview of Relevant Sources of EU Law 69
2.1. TEU 69
2.2. TFEU 70
2.3. CFREU 81
2.4. Acts of EU Institutions 82
2.5. Generally Applicable Acts of the EU 83
3. Services of General Economic Interest
and the Related Roles of the Member States
and the European Union 95
3.1. From Rome to Lisbon: Services of
General Economic Interest
in a Changed Socio-Economic,
Political
and Legal Environment 97
3.2. Changed Role of the EU in the Field
of Services of General Economic
Interest? 99
4. Services of General Economic Interest
and Fundamental Rights 101
5. Services of General Economic Interest
and Market Competition: A Balanced
Approach to Resolving Tensions 102
viii Contents
5.1. Competition Rules, Their
Fundamental Characteristics and
Impact on Services of General
Economic Interest 103
5.2. Exceptional Non-Application
of Competition Rules and of Other
Internal Market Rules in Order
to Achieve the Politically Desired
Provision of Services of General
Economic Interest: An Analysis of
Art. 106(2) TFEU 145
Conclusion 167
References 173
About the Author 185
Index 187
Related Nova Publications 191