scholarly journals Społeczne budownictwo czynszowe jako usługa w ogólnym interesie gospodarczym

2018 ◽  
pp. 93-119
Author(s):  
Jędrzej Bujny ◽  
Mikołaj Maśliński
Keyword(s):  
Social Housing ◽  
Rental Housing ◽  
State Aid ◽  
Economic Interest ◽  
The European Union ◽  
Housing Program ◽  
Commission Decision ◽  
The Social ◽  
Competition Rules ◽  
General Economic Interest

Social rental housing is one of the possible instruments which are applied to ensure the satisfaction of housing needs. However, public funds which are transferred to entities that operate within this area should be usually classified as State aid. The analysis presented in this paper concerns the following question: is it possible to consider the operation of a social rental housing program as services of general economic interest. This question seems to be a topical issue because of a new legislative initiative aiming at establishing a governmental housing program that was implemented by the Act of 10 September 2015 which amended the Act on certain forms of supporting housing construction. The aforementioned program stipulates the legal frames for refundable and preferential financing that may be granted to specific entities in order to realise investments in social rental housing. The governmental housing program complements earlier local housing policies in force. What is significant is that the Polish legislator decided to qualify support granted as services of general economic interest, as referred to in Commission Decision 2012/21/UE of 20 December 2011 on the Application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest. Applying Commission Decision 2012/21/UE to this situation raises some doubts as to the lack of clarity of a term “social housing”. Due to a certain controversy over the abovementioned issue, the authors have attempted to examine whether the application of preferential provisions of Commission Decision 2012/21/UE to the social housing program is in accordance with the relevant provisions of EU competition rules.

scholarly journals Społeczne budownictwo czynszowe jako usługa w ogólnym interesie gospodarczym

2019 ◽  
pp. 93-119
Author(s):  
Jędrzej Bujny ◽  
Mikołaj Maśliński
Keyword(s):  
Social Housing ◽  
Rental Housing ◽  
State Aid ◽  
Economic Interest ◽  
The European Union ◽  
Housing Program ◽  
Commission Decision ◽  
The Social ◽  
Competition Rules ◽  
General Economic Interest

Social rental housing is one of the possible instruments which are applied to ensure the satisfaction of housing needs. However, public funds which are transferred to entities that operate within this area should be usually classified as State aid. The analysis presented in this paper concerns the following question: is it possible to consider the operation of a social rental housing program as services of general economic interest. This question seems to be a topical issue because of a new legislative initiative aiming at establishing a governmental housing program that was implemented by the Act of 10 September 2015 which amended the Act on certain forms of supporting housing construction. The aforementioned program stipulates the legal frames for refundable and preferential financing that may be granted to specific entities in order to realise investments in social rental housing. The governmental housing program complements earlier local housing policies in force. What is significant is that the Polish legislator decided to qualify support granted as services of general economic interest, as referred to in Commission Decision 2012/21/UE of 20 December 2011 on the Application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest. Applying Commission Decision 2012/21/UE to this situation raises some doubts as to the lack of clarity of a term “social housing”. Due to a certain controversy over the abovementioned issue, the authors have attempted to examine whether the application of preferential provisions of Commission Decision 2012/21/UE to the social housing program is in accordance with the relevant provisions of EU competition rules.

scholarly journals Evaluación de la sostenibilidad en la rehabilitación energética de vivienda social en países mediterráneos = Evaluation of sustainability in the energy rehabilitation of social housing in Mediterranean countries

2018 ◽  
Vol 4 (2) ◽  
pp. 82
Author(s):  
B Gimeno ◽  
J. Aranda ◽  
D. Zambrana ◽  
A. Conserva ◽  
P. López ◽  
...  
Keyword(s):  
Co2 Emissions ◽  
Social Housing ◽  
Housing Stock ◽  
Rental Housing ◽  
The European Union ◽  
Mediterranean Countries ◽  
Use Stage ◽  
Useful Life ◽  
Electrical Consumption

Resumen En España, donde existen más de 18 millones de hogares según el último censo del Instituto Nacional de Estadística en 2011, alrededor del 8% de la población reside en viviendas de alquiler social. Del parque de viviendas español, más de la mitad de los edificios se construyeron antes de 1980 y alrededor del 35% entre 1981 y 2006, año en que fue implantado el Código Técnico de la Edificación. Asimismo, más del 80% de los certificados energéticos de edificios existentes registrados hasta julio de 2015, obtiene una calificación E o inferior en términos de emisiones de CO2. Para mejorar estos resultados, la Unión Europea tiene como objetivo alcanzar una tasa de rehabilitación de edificios privados del 2,5% anual, mejorando la eficiencia energética y ampliando la vida útil del parque edificatorio. Sin embargo, los CEEE únicamente representan parte de la etapa de uso, dejando atrás otras, como la de producción, cuyo impacto puede representar un cuarto de las emisiones de CO2 del edificio a lo largo de su ciclo de vida. Para desarrollar una rehabilitación óptima, se propone evaluar la sostenibilidad de los proyectos de rehabilitación incluyendo las etapas de producción, construcción, uso y fin de vida y considerando el impacto medioambiental y económico, así como aspectos sociales relativos a las características de la vivienda social. Este artículo analiza los impactos medioambientales de diferentes soluciones de rehabilitación en vivienda social, tomando como caso de estudio un edificio de vivienda social en Zaragoza. El edificio antes de la rehabilitación supone casi 50 kgCO2-eq/m2año, donde el 60% corresponden al consumo eléctrico durante la fase de uso del edificio. En el estudio también se incluye la variable de confort térmico en situaciones de vulnerabilidad energética. Abstract In Spain, where there are more than 18 million households according to the last census of the National Institute of Statistics in 2011, around 8% of the population lives in social rental housing. Of the Spanish housing stock, more than half of the buildings were built before 1980 and around 35% between 1981 and 2006, the year in which the Technical Building Code was implemented. Likewise, more than 80% of the energy certificates of existing buildings registered until July 2015, obtain an E rating or lower in terms of CO2 emissions. To improve these results, the European Union aims to achieve a private buildings rehabilitation rate of 2.5% per year, improving energy efficiency and extending the useful life of the building park. However, CEEEs only represent part of the use stage, leaving behind others, such as production, whose impact can represent a quarter of the building's CO2 emissions throughout its life cycle. To develop an optimal rehabilitation, it is proposed to evaluate the sustainability of the rehabilitation projects including the stages of production, construction, use and end of life and considering the environmental and economic impact, as well as social aspects related to the characteristics of social housing. This article analyzes the environmental impacts of different rehabilitation solutions in social housing, taking as a case study a social housing building in Zaragoza. The building before the rehabilitation supposes almost 50 kgCO2-eq / m2año, where 60% correspond to the electrical consumption during the phase of use of the building. The study also includes the thermal comfort variable in situations of energy vulnerability.

8. Competition, the State, and Public Undertakings: Article 106 TFEU

2019 ◽  
pp. 582-641
Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne
Keyword(s):  
Direct Effect ◽  
Competition Law ◽  
Case Law ◽  
State Aid ◽  
The State ◽  
Economic Interest ◽  
Inequality Of Opportunity ◽  
Dominant Position ◽  
Privileged Position ◽  
General Economic Interest

This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings which it controls or owns or which it places in a privileged position. The discussion includes the principle of Union loyalty in Article 4(3) TEU; Article 106(1); Article 106(2); and the Commission’s supervisory and policing powers in Article 106(3). Article 106(1) is a prohibition addressed to Member States against enacting or maintaining in force any measure in relation to public undertakings or undertakings to which they have granted special or exclusive rights which are contrary to the Treaty rules. The chapter discusses what is meant by ‘public undertakings’ and ‘special or exclusive rights’ and examines in the light of the case law what measures are forbidden by Article 106(1), including those involving the cumulation of rights, the extension of a dominant position from one market to another, and the creation of situations of inequality of opportunity. Article 106(2) gives a limited derogation from Article 106(2) to undertakings entrusted with the operation of services of general economic interest (SGEIs). The chapter discusses the concept of ‘services of general economic interest’ and examines the cases in which the derogation has been applied or not applied, including the application of Article 106(2) to compensation for the provision of SGEIs which constitutes State aid. The chapter also considers Article 106(3) and the question of the direct effect of Article 106(1) and (2).

23. Freedom of Establishment and to Provide Services

EU Law ◽  
2020 ◽  
pp. 832-888
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Electronic Commerce ◽  
Financial Services ◽  
Case Law ◽  
Economic Interest ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Provision Of Services ◽  
General Economic Interest ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Treaty on the Functioning of the European Union (TFEU) has two separate chapters on self-employed persons who move on a permanent or temporary basis between Member States: the chapters on freedom of establishment and freedom to provide services. The central principles governing freedom of establishment and the free movement of services are laid down in the TFEU and have been developed through case law. Important developments have also been brought about through secondary legislation in sectors such as insurance, broadcasting, financial services, electronic commerce, telecommunications, and other ‘services of general economic interest’. This chapter focuses on the broad constitutional principles applicable to every sector. The UK version contains a further section analysing issues concerning freedom of establishment and the provision of services between the EU and the UK post-Brexit.

Analysis and Evaluation of Financial Resources of Social Housing Construction in City

2018 ◽  
Vol 931 ◽  
pp. 1118-1121 ◽  
Author(s):  
Tatyana V. Maleeva ◽  
Larisa G. Selyutina
Keyword(s):  
Social Housing ◽  
Rental Housing ◽  
Private Investment ◽  
Financial Resources ◽  
Housing Construction ◽  
Analysis And Evaluation ◽  
Budget Support ◽  
The Social ◽  
Private Investors ◽  
Regional Authorities

Cities in Russia including St. Petersburg lack of social housing. The state measures involving financial budget support to families have appeared ineffective to solve the problem. Currently, over 170 thousand families in St. Petersburg need to improve their housing conditions. The paper considers alternative financial resources of social housing construction. The paper analyzes the first experience of rental housing, constructed due to budget finances. The social housing construction with private investment resources is proven. The authors suggest the way how regional authorities can effectively stimulate private investors to construct social rental blocks of flats.

8. Competition, The State, and Public Undertakings

2016 ◽  
Author(s):  
Alison Jones ◽  
Brenda Sufrin
Keyword(s):  
Direct Effect ◽  
Competition Law ◽  
State Aid ◽  
The State ◽  
Economic Interest ◽  
Privileged Position ◽  
General Economic Interest ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings that it controls or owns or which it places in a privileged position. The discussions include the limits of competition law; Article 4 TEU; Article 106; the direct effect of Article 106(1) and (2); Article 106(3); and services of general economic interest and state aid.

Sign in / Sign up

Export Citation Format

Share Document