Download or read book State and Market in European Union Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2009-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
Download or read book Public Services and EU Competition Law written by Daniele Gallo and published by Taylor & Francis. This book was released on 2022-06-09 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.
Download or read book Governing Europe written by Jack Ernest Shalom Hayward and published by Oxford University Press. This book was released on 2003 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive survey aims to provide an overview of all aspects of politics in western Europe. Aspects of the European Union & the Europeanization of institutions are discussed in detail, along with the welfare state, economic issues & the conditionof democracy across the continent.
Download or read book Les nouvelles r gulations lectriques 1 monopole et concurrence written by LAPEYRE Michel and published by Lavoisier. This book was released on 2012-09-06 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'approvisionnement en électricité connaît en France de nombreuses et profondes transformations : le monopole de la fourniture est supprimé , le capital d'EDF est ouvert , les énergies renouvelables se développent , la lutte contre les émissions de gaz à effet de serre devient une priorité , la maîtrise de la demande d'énergie doit impérativement se développer , on peut donner aux réseaux publics des fonctions supplémentaires grâce aux techniques de l'information et de la communication. Les nouvelles régulations électriques ont pour objet les multiples organismes contribuant, à des degrés divers, à déterminer ou à influencer – autrement dit à réguler – le cadre dans lequel les entreprises électriques exercent aujourd'hui leurs activités. Cet ouvrage décrit chaque régulation et en analyse les effets. Le présent tome, à caractère économique et politique, porte sur les régulations destinées à la maîtrise des prix et à la progression de la qualité.
Download or read book Developments in Services of General Interest written by Erika Szyszczak and published by Springer Science & Business Media. This book was released on 2011-05-18 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third book in the series Legal Issues of Services of General Interest. The book focuses upon a set of research questions on the recent developments in the emergence of services of general interest (SGIs) as a distinct EU concept. This includes, inter alia, the emergence of universal service obligations and the way they are regulated in the EU in primary and secondary law, the range of soft law communications adopted by the Commission to create a distinctive EU concept of SGIs, the residual role of hard law in the Treaty on the Functioning of the European Union (TFEU), the special problems created by Social Services of General Economic Interest and the interaction of procurement and state aid law with SGIs. A new perspective is offered in this book: some of the issues faced by the EU in accommodating SGIs into a regulatory framework are found also in the policy of the WTO and in least developed countries (LDCs).
Download or read book The Economics of Harmonizing European Law written by Alain Marciano and published by Edward Elgar Publishing. This book was released on 2002 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the effects of the process of European integration is the growing importance of transnational institutions and the accompanying legal harmonisation. This book looks at the challenges arising from the consequential shifts in power.
Download or read book Regulation of Network Utilities written by Claude Henry and published by . This book was released on 2001 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by academics and regulators working in the field, the papers in this collection explore the issues surrounding regulation from a detailed, case study-based perspective.
Download or read book European Energy Industry Business Strategies written by Atle Midttun and published by Elsevier. This book was released on 2001-04-20 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the European Union's de-regulation policy for electricity and energy suppliers was implemented, new strategic configurations have emerged. Traditional restraints of geographical limitations on energy companies have been partly removed: the diversity at national regulatory and company level means that the European scene is one of a multiplicity of strategic configurations and developments, whilst also being complex and segmented.This book highlights the strategic and regulatory challenges of European deregulation, with its main focus being on the business strategies within the emerging de-regulated electricity markets; various regulatory implications which are being raised in this new climate are discussed. Some of the central strategic issues facing the electricity industry in its new competitive context are explored and reviewed, with classical themes debated as a prelude to the following empirical investigation of actual business strategies pursued by the electricity and energy industries.The main section of this work consists of 7 national case studies of business strategies which also include one North and one South American case. These were considered important inclusions as the North American companies are large investors in the European market, whilst the European companies invest in the South American market. The final chapter is a comparison and summary of the national patterns of market structures, business strategies and regulatory styles with a brief look at some challenges to be faced in future.
Download or read book Economic Policy in the European Union written by Wim Meeusen and published by Edward Elgar Publishing. This book was released on 1999-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book is a very good consideration of the uncertainties and difficulties involved in the intervention of EU institutions in Europe.' - Dominique Redor, ECSA Review Economic Policy in the European Union analyses the key issues confronting Europe as we enter the 21st century. It focuses mainly on the transition problems linked with the creation of European Monetary Union as well as more specific issues such as social, labour, environmental and science and technology policy.
Download or read book Welfare and Work in the Open Economy Volume II Diverse Responses to Common Challenges in Twelve Countries written by Fritz W. Scharpf and published by Oxford University Press, USA. This book was released on 2000-09-07 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this ground-breaking, two-volume study of the adjustment of advanced welfare states to international economic pressures, leading scholars detail the wide variety of responses in twelve countries. Rejecting any notion of convergence to some kind of neo-liberal orthodoxy, they find that most countries have remained true to the basic features of their postwar model as they have liberalized. Moreover, within different welfare- state constellations, while some countries are stillstruggling to adjust, others have reached a new sustainable equilibrium. Volume I presents comparative analyses of differences in countries' vulnerabilities and capabilities, the effectiveness of the policy responses, and the role of values and discourse in the politics of adjustment. Volume II presentsin-depth analyses of the experiences of Australia, Austria, Belgium, Denmark, France, Germany, Italy, the Netherlands, New Zealand, Sweden, Switzerland, and the United Kingdom as well as special studies on the the participation of women in the labour market, early retirement, the liberalization of public services, and international tax competition.
Download or read book The Liberalization of State Monopolies in the European Union and Beyond written by Damien Geradin and published by Springer. This book was released on 2000 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the many legal and economic challenges emerging from the liberalization process engaged by the European Community with respect to state monopolies. It is divided into three parts. Taking a sectoral approach, the first part is devoted to expert analyses of the liberalization measures adopted by the Community in the areas of telecommunications, postal services, energy and air and rail transport. The objective is to provide a detailed and up-to-date review of the most significant developments that have taken place in these key industry sectors. The second part deals with more conceptual issues, such as the impact of the liberalization process on consumer protection and public service obligations. It also analyzes the main issues emerging from the creation of `strategic alliances' in the telecommunications and aviation sectors. The third part takes a comparative and international law perspective. It examines the extent to which monopolies have been opened to competition in the United States and the lessons which may be drawn from the American experience. It also discusses the liberalization measures negotiated in the framework of the World Trade Organization, with a special reference to the agreement recently concluded in the area of telecommunications. The papers written in the book are by leading experts on state monopolies, and take a pluridisciplinary approach covering not only legal but also economic and political science issues.
Download or read book EU Environmental Law and the Internal Market written by Nicolas de Sadeleer and published by OUP Oxford. This book was released on 2014-01-09 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.
Download or read book Advancing Public Goods written by Jean-Philippe Touffut and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a timely and thought-provoking book which brings the discussion of public goods to confront the contemporary world economy where such goods have often a global nature and require super-national provision and control. Giovanni Dosi, St Anna School of Advanced Studies, Pisa, Italy In this wide-ranging selection of papers, distinguished economists, public policy advisers and political theorists contribute to the debate on public goods. The studies cover topics in the conceptualization, classification and stratification of public goods. Also examined are public institutional design, global economic institutions and partnership typologies. Individual papers address the financing, regulatory, organizational and legal aspects relating to services of general interest in Europe. The dynamics of global public good production, including monopolies, patents, scientific uncertainty and market failures, are discussed. Empirical research on the state, profit and non-profit sectors is presented. Providing numerous examples of specific public goods, the contributions also highlight the impact of macroeconomic policies on provision. The book presents a broad diversity of new approaches to global public goods within the framework of mixed economies, beyond the standard economic analysis of public services. Academics, researchers and policymakers in the area of global public goods and services will find this volume of great interest.
Download or read book A Critical Account of Article 106 2 TFEU written by Jarleth Burke and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe's public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.
Download or read book Justice Contained written by Lisa J. Conant and published by Cornell University Press. This book was released on 2018-10-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.
Download or read book OECD Economic Surveys France 2001 written by OECD and published by OECD Publishing. This book was released on 2001-11-29 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2001 edition of OECD's periodic review of France's economy examines recent economic developments, policies, and prospects and includes a special feature on ecologically sustainable growth.
