Services of General Economic Interest as a Constitutional Concept of EU Law

Name: Services of General Economic Interest as a Constitutional Concept of EU Law
Brand: T.M.C. Asser Press
SKU: 9789462651166
Price: 1462.00 HKD
Availability: InStock
Author: Caroline Wehlander
ISBN: 9789462651166

By Caroline Wehlander

T.M.C. Asser Press July 2016

Specifications

ISBN-13: 9789462651166
Publisher: T.M.C. Asser Press
Publication: July 2016
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

The book offers a legal understanding regarding which core elements characterize an SGEI, 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.

The book also analyses 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 in Sweden.

The book includes propositions on crucial but yet unsettled legal questions, and is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists.

Part I No Exit from EU Market Law for Public Services; 1.
Introduction: the Constitutionalisation of the EU Concept of SGEI as a Story of Exit, Voice and Loyalty for Public Services in EU law: Part II: SGEI Emerges as a Broad "voice" in EU Constitutional Law; 2.
"Economic Activity": Criteria and Relevance in the Fields of EU Internal Market Law, Competition Law and Procurement Law: 3.
The Importance of SGEI in the Post-Lisbon Treaties: 4.
SGEI as a Ground for a Special Regime in the Case Law of the CJEU Related to Public Services: 5.
Meaning of the EU Concept of SGEI Emerging from the CJEU Case Law: 6.
Conclusions of Part II: SGEI Emerges as a Broad "voice" in EU Constitutional Law: Part III The Cost of Loyalty, the Relationship Between EU Procurement and State Aid Legislation on Social Services and the Treaty Rules on SGEI, with a Case Study on Swedish Systems of Choice; 7.
EU Legislation on Public Procurement and State Aid: What is the Pressure on Member States to Enforce SGEI Principles in the Field of Social Services?: 8.
Social Services under the Competence of Swedish Local and Regional Authorities: SGEI?: 9.
Compatibility between EU Secondary Law on SGEIs and Systems of Choice in Swedish Law: the Cases of Elderly Care and School Education: 10Conclusions of Part III: EU Market Governance of Social Services a Democratic Issue.