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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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

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ISBN13: 9789462651166
Published: July 2016
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £63.99

Low stock.

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.

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Competition Law, EU Law, Public Procurement
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.