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A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision

A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision

Author: Jarleth M. Burke
Publisher: Hart Publishing
ISBN: 9781509912759

Published In: March 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509940226

List Price: HKD 1,235.00

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Description
Contents

Details

Article 106(2) TFEU is an enigma. It provides for the disapplication of any Treaty rule with respect to Services of General Economic Interest (SGEIs).

On the one hand, it is said to be an indispensable mediation mechanism between market and non-market objectives. On the other, in respect of the qualification of activities as SGEIs, the General Court has declared that there are no controlling principles. The operation of Article 106(2) has been a source of enduring political, legal and economic controversy.

This book enters that debate with an active scepticism towards conventional understandings of the provision, and deploys a novel criticality and a law and economics approach to expose the inner workings of Article 106(2). It also offers a prescription for a more practical rendering of this intriguing provision.

1. In the General Interest?

A. Introduction

B. The Nature of the Problem

C. The Mechanics of Article 106(2)

D. The Essence of Government Failure and its Cost

E. This Book

2. The Pathology of Government Failure

A. Introduction

B. Government Failure and Market Failure

C. The Constitutional Grounding for Government Failure Control Under Article 106(2)

D. Approaches to Government Failure

E. Government Failure Under Article 106(2)