By Caroline Wehlander
This ebook bargains a criminal knowing in regards to the middle parts of SGEI (Services of common Interest), and of ways the post-Lisbon constitutional framework on SGEI impacts the appliance of the ecu industry principles via the ecu court docket of Justice, together with procurement principles, to public companies. it truly is equipped up of 3 elements, specifically half I: No go out from ecu marketplace legislation for Public companies, half II: SGEI as a Constitutional Voice for Public providers in ecu legislations, and half III: the price of loyalty, the connection among european procurement and nation relief laws on social prone and the Treaty principles on SGEI, finishing with a case research of Swedish structures of choice.
Analyses also are supplied on how the ecu legislator engages within the Europeanisation of social companies via european procurement and kingdom reduction ideas that experience an ambiguous courting to the Treaty framework on SGEI. a few rationalization to this ambiguity is proposed by way of learning how the appliance of european kingdom relief ideas may well prevent the improvement of Swedish structures of selection liberalizing publicly-funded aged care and faculty schooling.
Included are propositions on the most important yet but unsettled criminal questions, specifically what the felony which means and relevance of the thought of financial job in european industry legislations are and which center components signify SGEI. This ebook is as a result more often than not aimed toward criminal lecturers and practitioners yet can also be of curiosity to political scientists.
Caroline Wehlander studied at Umeå collage and holds the identify of healthcare professional of legislation. She lives and works in Sweden.
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Extra info for Services of General Economic Interest as a Constitutional Concept of EU Law
Example text
2 Aims and Structure of the Book 29 SGEIs in EU legislation harmonizing the market for social services and how this can affect the liberalization of these services in the Member States. Since the financial crisis in 2008, the EU governance of social services funded to a large extent by the Member States, has increased significantly. One sign is that several States, that are members of the Eurozone, have been enjoined to cut their welfare budgets, another is the new legislative basis in Article 14 TFEU, which sends to all Member States a signal that EU Institutions may decide how social services should be framed by EU law in order to achieve their missions.
What emerges from this ambiguous approach is that justifying the funding of tasks by explicitly relying on their SGEI-character may not only be perceived as problematic by some Member States, but also by the Commission itself. 66Commission, “A Quality Framework for Services of General Interest in Europe” (Communication) COM (2011) 900 final, p. 2, referring to Commission, “Europe 2020: A Strategy for smart, sustainable and inclusive growth” (Communication) COM (2010) 2020). 67Regarding social services, the threshold is at present set at EUR 750 000 for public service contracts and at EUR 5 186 000 for service concession.
Part III has its focus on a legal analysis of the relationship between EU legislation on social services to the understanding of the SGEI concept and the Treaty principles on SGEIs emerging from the CJEU’s case law studied in part II. However, the analysis is conducted in the prism of Hirschman’s theory, with a view to shedding light on the ambiguous relation between the “tailor-made” sector-based approach in the field of social services and the principles and rules on SGEIs following from the Treaties, and to provide some explanation to this ambiguity.