Public services or more precisely, to use the EU’s terminology,
services of general economic interest have traditionally played a vital
role in the normal functioning of the society in the Member States. Yet,
their equity or non-economic components have often caused tensions with
the internal market components, such as the free movement of production
factors, competition and economic efficiency. To put it simply, their
place within the internal market has been for a long time a persistent
irritant in the European public debate.
However, the situation has changed over time, in particular after the
Lisbon Treaty which introduced the “new context” which seems to be more
friendly to services of general economic interest than ever before. In
this regard it is worth noting that, given the place occupied by
services of general economic interest in the shared values of the EU as
well as their role in promoting social and territorial cohesion, the EU
and the Member States, each within their respective powers and within
the scope of application of the Treaties, must take care that such
services operate on the basis of principles and conditions, particularly
economic and financial conditions, which enable them to fulfil their
missions. It is a kind of joint responsibility for the effective
provision of services of general economic interest which indicates that
also the EU institutions must accept them as a building block of the
European (market) integration process. In fact, the recent case law
seems to support this thesis.
The Post-Lisbon state of play in the discussed field is in the center
of the book but for practical reasons it also offers a broader view to a
reader.
The book consists of the three interrelated chapters which relate in
one way or another to services of general economic interest and
corresponding supranational legal framework. The latter is par
excellence topic of the EU (law). The introductory chapter is designed
as the EU law toolkit which explains the values and aims of the EU, its
competences and institutional structure, the fundamental legal
principles and concepts which are of particular importance for services
of general economic interest. This is followed by the second chapter,
which sets the scene by explaining the socio-political background at the
both levels, national and supranational.
In addition, the second chapter discusses the concept of services of
general economic interest and related concepts. The third chapter is the
very core of the book because it discusses the present EU’s legal
framework for services of general economic interest. In addition to the
general and sector-specific hard law, it includes most relevant case law
and soft law. The main emphasis is, however, on the primary
(constitutional) EU law, predominantly on the part relating market
competition, e.g. Art. 101–109 TFEU, and on the part which directly
address services of general economic interest, e.g. Art. 14 and the
related Protocol, Art. 106(2) TFEU, and Art. 36 CFREU.
As such, the book could be interesting for all those who, in one way
or another, deal with public services or services of general economic
interest. Namely, the book is primarily oriented towards experts dealing
with those services within the EU, however, due to its structure as
well as gradualist and systematical approach, it can reach other readers
as well and enable them to understand the EU’s legal framework for
services of general economic interest.
