Services of general economic interest under EU law constraints

This chapter focuses on transport aid. Transport has, in many regards, always had a special place in EU law. In this diverse sector, the Union's powers are constrained and wide-ranging at the same time. On the one hand, the freedom to provide services only applies to transport if the Union legislators have adopted secondary legislation on market opening. On the other hand, the Court has emphasized on several occasions that the Treaty chapter on transport, Title VI, confers wide-ranging competences on the Union, enabling it to develop a common transport policy. Within this, the Union's powers with regards to State aid have steadily been growing in significance. The transport sector is not only ‘special’ when it comes to its place within EU law and State aid law in general, but also with regards to its place in services of general economic interest.

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18. Public services and EU law

European Union Law ◽

10.1093/he/9780198789130.003.0018 ◽

2017 ◽

Author(s):

Leigh Hancher ◽

Wolf Sauter

Keyword(s):

Health Care ◽

Case Studies ◽

Social Services ◽

Public Services ◽

State Aid ◽

Economic Interest ◽

Eu Law ◽

General Economic Interest ◽

The Eu

This chapter discusses EU law on public services. It begins by explaining the meaning of the term ‘public services’ and the related term used by the EU, ‘services of general economic interest’ (SGEIs). It then considers the rules on commercial monopolies set out in Article 37 TFEU and the rules on state aid in Articles 107 and 108 TFEU. This is followed by case studies on the following public services: utilities, social services, and health care.

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Title II Provisions Having General Application

The EU Treaties and the Charter of Fundamental Rights ◽

10.1093/oso/9780198759393.003.78 ◽

2019 ◽

Author(s):

Marcus Klamert

Keyword(s):

Data Protection ◽

National Identities ◽

Economic Interest ◽

Eu Law ◽

Legal Basis ◽

General Application ◽

General Economic Interest

Under Title II of the TFEU, the Treaty assembles a general consistency rule (Article 7 TFEU), a number of horizontal ‘mainstreaming’ provisions (Articles 8–13 TFEU), a provision on services in general economic interest (Article 14 TFEU), a principle of EU law plus legal basis (transparency, Article 15 TFEU), a fundamental right plus legal basis (data protection, Article 16 TFEU), and a provision on religion similar to Article 4(2) TEU on respect for national identities (Article 17 TFEU). Thus, the ‘provisions having general application’ have little in common. There are however some general remarks that can be made with regard to the horizontal provisions in Articles 8–13 TFEU, including the related consistency clause in Article 7 TFEU.

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