Social services of general interest at the crossroad of competition on social markets across Europe and the guarantee and realisation of the common good

Author(s):  
Mathias Maucher
Author(s):  
Jean Hilaire

During the XIII century the king of France, king-judge, exercised his sovereign power surrounded by his vassals and above all by his advisers, clergymen with a juridical education in Roman law and Canon law, from which the importance of these judicial sessions at court. Louis IX (St. Louis) strengthened the role and the importance of it through a great reform of the procedure that enlarged the access to the royal justice of appeal to the generality of the subjects. The rigor of the new procedure was also prescribed for the same royal agents as the respect of the “common good” – that is to say the general interest – was also imposed to the feudal castellans. The enormous archives of this court, the Parliament, have been preserved (and they are denominated Olim because of the first word of one of the registers). They are constituted by around 4600 decisions made between 1254 and the 1318. Published in 1848 without a complete summary, they still remain little studied. A complete index of these decisions has been realized by the Centre d’études d’histoire juridique and published online in 2003 (on the CNRS and Université Panthéon Assa, Paris II sites).


Author(s):  
Kirsikka Grön

AbstractIn recent years, scholars studying data-intensive healthcare have argued that data-driven technologies bind together new actors and goals as part of healthcare. By combining the expectation studies with justification theory, this article adopts a novel theoretical perspective to understand how these actors and goals are enroled in healthcare. Drawing on a case study of Apotti, a Finnish social services and healthcare information system renewal project, the article shows how new emerging health data assemblages stress the aims of producing the common good in public healthcare. The project is studied by analysing interviews of the project’s key actors and various documents produced in the project. The paper shows how, in the collective expectations, the new information system is justified by multiple understandings of the common good, which might be contradictory with each other. Along with the established goals of improving public healthcare operations, the new information system is expected to empower clients and patients, audit and manage personnel, promote national digital social and healthcare service markets, provide better data and tools for research, and promote Finnish research and business in international competition. These expectations are not all based on the settled understanding of the common good of public healthcare as promoting health; the common good is also defined in other terms such as improving research, promoting markets and business, and making Finland famous and a leading country in the digital social services and healthcare field. These goals and expectations are purposely ambiguous to be loose enough to gain attention and maintain it even when the promises are not met. The paper identifies the ambiguity and plurality of the common good as strategies of data-intensive healthcare and raises concerns of how this might shape public healthcare in the future. As the plural understandings of the common good might not support each other, the paper calls for further assessments of how this will affect public healthcare’s core objectives and for seeking solutions that carefully balance the goals of the current and evolving multi-stakeholder environment of data-intensive healthcare.


2019 ◽  
Vol 3 (2) ◽  
pp. 89-103
Author(s):  
María Pilar Canedo Arrillaga

This article seeks to analyse what is the purpose competition law serves in today’s society and reflect on how significant public authorities are in its application, both with an active and passive role. It analyses the main channels open to competition authorities, in order to bring to light possible breaches of competition principles committed by administrations and which are the most useful tools for stopping them. The paper considers that the role of public administrations in markets as regulators, providers of aid, economic operators or facilitators of contracting between companies is highly significant and may have a major influence on those markets. The proper exercise of these functions results in highly positive values for consumers and in an increase of the common good. Improper actions of the administration can be seriously harmful to the general interest. It concludes that ensuring the proper operation of the markets is essential if periods of economic recession are to be overcome. As such, public administrations must fulfil their mandate of guaranteeing the general good, shying away from sectoral interests that could bring increased short-term benefits but result in dysfunctions and harm for the common good and for consumers.


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