Overview
- Clarifies the legal meaning of the notion of economic activity in EU law
- Provides a detailed study of the EU concept of SGEI, based on an in-depth analysis of the case law of the Court of Justice of the European Union
- Analyses the relationship between the SGEI framework in the EU Treaties and EU procurement and state aid legislation adopted in 2011-2012 and applying to social services
- Includes supplementary material: sn.pub/extras
Part of the book series: Legal Issues of Services of General Interest (LEGAL)
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About this book
This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), 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. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice.
Analyses are also provided on 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 couldhinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education.
Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists.
Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
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Keywords
Table of contents (10 chapters)
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Front Matter
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No Exit from EU Market Law for Public Services
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Front Matter
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SGEI as a Constitutional Voice for Public Services in EU Law
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Front Matter
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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
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Front Matter
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Back Matter
Authors and Affiliations
Bibliographic Information
Book Title: Services of General Economic Interest as a Constitutional Concept of EU Law
Authors: Caroline Wehlander
Series Title: Legal Issues of Services of General Interest
DOI: https://doi.org/10.1007/978-94-6265-117-3
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer-Verlag GmbH, DE, part of Springer Nature 2016
Hardcover ISBN: 978-94-6265-116-6Published: 30 June 2016
eBook ISBN: 978-94-6265-117-3Published: 23 June 2016
Series ISSN: 3004-9962
Series E-ISSN: 3004-9970
Edition Number: 1
Number of Pages: XVI, 374
Number of Illustrations: 1 b/w illustrations
Topics: European Law