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

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

Author: Caroline Wehlander
Publisher: T.M.C. Asser Press
ISBN: 9789462651166
Published In: July 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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

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

"Economic Activity": Criteria and Relevance in the Fields of EU Internal Market Law, Competition Law and Procurement Law

The Importance of SGEI in the Post-Lisbon Treaties

SGEI as a Ground for a Special Regime in the Case Law of the CJEU Related to Public Services

Meaning of the EU Concept of SGEI Emerging from the CJEU Case Law

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

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?

Social Services under the Competence of Swedish Local and Regional Authorities: SGEI?

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.