Guide to the Application of the European Union Rules on State Aid, Public Procurement and the Internal Market to Services of General Economic Interest, and in Particular to Social Services of General Interest PDF Download
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Languages : en
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Author: Caroline Wehlander
Publisher: Springer
ISBN: 9462651175
Category : Law
Languages : en
Pages : 381
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Book Description
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.
Author: Markus Krajewski
Publisher: Springer
ISBN: 9462650632
Category : Law
Languages : en
Pages : 405
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Book Description
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.
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: Vesna Tomljenović
Publisher: Springer
ISBN: 3662479621
Category : Law
Languages : en
Pages : 316
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Book Description
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.
Author: Leigh Hancher
Publisher: Edward Elgar Publishing
ISBN: 1789909252
Category : Law
Languages : en
Pages : 384
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Book Description
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.
Author: Mathias Maucher
Publisher: LIT Verlag Münster
ISBN: 3643909993
Category : History
Languages : en
Pages : 510
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Book Description
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.
Author: Willem Molle
Publisher: Routledge
ISBN: 1317539605
Category : Business & Economics
Languages : en
Pages : 311
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Book Description
To combat economic disparity and low growth, the European Union has established an integrated policy system that pursues increased cohesion and smart, sustainable, and inclusive growth. This integrated approach is realized through thousands of development projects and takes up more than a third of the total budget of the European Union. Despite its significance, the policy is subject to many misunderstandings and there is a lot of controversy surrounding its effectiveness. Cohesion and Growth seeks to bring clarity to these issues. It presents both the theoretical and practical aspects of EU intervention, a critical contribution to the understanding of the anatomy of the problems and the way to apply effective solutions to them, and a systematic view of the issues at each of the subsequent stages of the whole policy cycle. Offering an authoritative analysis of the problems and debates involved, this book is essential reading for students, policy makers, project promoters and researchers concerned with this key area of European policy making.
Author: Flavia Martinelli
Publisher: Edward Elgar Publishing
ISBN: 1786432110
Category : Electronic books
Languages : en
Pages : 449
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Book Description
This book revives the discussion on public social services and their redesign, with a focus on services relating to care and the social inclusion of vulnerable groups, providing rich information on the changes that occurred in the organisation and supply of public social services over the last thirty years in different European places and service fields. Despite the persisting variety in social service models, three shared trends emerge: public sector disengagement, ‘vertical re-scaling’ of authority and ‘horizontal re-mix’ in the supply system. The consequences of such changes are evaluated from different perspectives – governance, social and territorial cohesion, labour market, gender – and are eventually deemed ‘disruptive’ in both economic and social terms. The policy implications of the restructuring are also explored. This title will be Open Access on Elgaronline.com.
Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
ISBN: 1509919503
Category : Law
Languages : en
Pages : 320
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Book Description
The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
