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This is a review of lt;igt;The Limits of Competition Law: Markets and Public Serviceslt;/igt; (Oxford 2005), by Tony Prosser, a Professor of Public Law at the University of Bristol, England. When competition laws and other public service principles are in tension, can courts avoid a collision or...
Persistent link: https://www.econbiz.de/10012768167
Services of general economic interest (SGEI) are a legal category in the EC Treaty that is designed to enable proportionate restrictions on the Treaty's market freedoms (including competition) in so far as necessary to attain legitimate public policy objectives defined (in the first instance) at...
Persistent link: https://www.econbiz.de/10012729143
Services of General Economic Interest (SGEI) have been subject to long debate. The Altmark-ruling in 2003 aimed at providing clarity with respect to how SGEI should be treated in state aid. Since 2008, however, evidence was missing how these criteria are applied in practice by the CFI. As the...
Persistent link: https://www.econbiz.de/10012756202
National interest, also as a critisism against the pradigm of New Public Management (NPM), is very much emphasised nowadays in public policies, even in sector ones. This article is about a removal from the classical meaning of general (public) interest to that new approach represented by certain...
Persistent link: https://www.econbiz.de/10012913763
There is a popular perception that a culture of bureaucracy in the public sector is pervasive. Public servants have a reputation for being too preoccupied with following a strict interpretation of the rules to worry about satisfying the consumers that rely on their services. Many would consider...
Persistent link: https://www.econbiz.de/10012917928
This paper discusses the main approaches to the regulation of outsourcing to date, taking in particular the perspective of incomplete and relational contracts. The paper is the foundation of a larger project on the reorientation of outsourcing and its regulation in the light of recent...
Persistent link: https://www.econbiz.de/10012838328
Public services must play a very important part in the local public administration of Romania and of all the other European states, in the light of the significant effects they have on the economic, administrative, social and political sphere. The present paper focuses on emphasizing the need to...
Persistent link: https://www.econbiz.de/10012953668
Advantage is one of the four cumulative criteria that determine whether the EU state aid regime is applicable. Here we look at advantage in relation to compensation for public service obligations. In its Altmark ruling of 2003 the CJEU has fashioned a four part test that, if met, means that the...
Persistent link: https://www.econbiz.de/10013055286
One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private"...
Persistent link: https://www.econbiz.de/10013063832
Purpose: The aim of this paper is to clarify the topic of the transition to Circular Economy, an expression of the European 'Green New Deal', which has several application consequences for the SGEI sector.Approach: The approach consists of examining the European policy framework, the most...
Persistent link: https://www.econbiz.de/10013294278