Public Services in EU Law

Abstract

In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.

Does not it matter? Widening of the derogation for Services of General Interests

“…P. Bauby economic activities. 38 Finally, Article 93 TFEU is a sector-specific provision with regard to state aid for transport, which expressly excludes 'reimbursement for the discharge of certain obligations inherent in the concept of public service' from the category of illegal aid under Article 107(1) TFEU.…”

“…Article 37 TFEU forms a lex specialis in relation to Article 106(1) TFEU, 39 forcing Member States to adjust their law in a non-discriminatory manner with regard to a particular kind of undertaking (commercial monopolies) being entrusted with exclusive rights. 40 However, such discriminatory rules can also be saved by Article 106 TFEU as it is necessary to ensure that the monopolies concerned can perform their particular obligation of public interest. 41…”

Against the Grain? Member State Interests and EU Procurement Law

“…To begin with, in the context of the provision of public services, the Court of Justice has recognised that aspects of the economic model constitutionalised at domestic level can effectively exclude the applicability of the EU public procurement rules, 8 for instance, by establishing the compatibility with the EU internal market of domestic mechanisms that reserve certain activities to third sector (non-profit) entities (Caranta 2016;Telles 2016;Sanchez-Graells 2016c). This comes to create space for diversity of economic models where Member States provide adequate constitutional protection to differential values of economic participation, 9 as long as the main characteristics underpinning the special nature of public services are respected (eg the principles of universality, the good of the community, economic efficiency and suitability of the chosen mechanisms) 10 (Sauter 2015).…”

EU-Compatible State Measures and Member States Interests in Public Services: Lessons from the Case of Hungary

“…Secondly, different concepts of 're-public' solutions have recently been used as explanatory variables like the concept of re-municipalisation (Hall, 2012;Pigeon et al, 2012, Water Remunicipalisation Tracker) and the re-emergence of municipal corporations (Wollmann and Marcou, 2010).In addition, the policy of Hungarian centralization model has been scrutinized in context by Horváth (2016) on this basis. Thirdly, the paper also examines the above process from the perspective of Member States' obligations under EU law as public services are subject to EU internal market rules and EU competition rules (Sauter, 2014).…”