Services of General Interest (EU) as Indicators of Public Functions in the Sense of Public Administrative Law

2021 ◽  
Vol 14 (4) ◽  
pp. 23-43
Author(s):  
Margrét Vala Kristjánsdóttir
Keyword(s):  
Public Services ◽  
Administrative Law ◽  
General Interest ◽  
Eu Law ◽  
Public Authorities ◽  
Service Contracts ◽  
Services Of General Interest ◽  
The Eu

The article concerns the EU concept of 'Services of General Interest' (SGIs) which, due to their characteristics, are given special status in EU law. It connects these characteristics with public services that are carried out by private entities under service contracts, as well as the question of applicability of general principles of public administrative law to the relations between the providers and users of such services. The objective is to examine whether the definitions and examples of SGIs can help identify public functions in the sense of Icelandic administrative law. It examines whether they provide guidelines as to how services, carried out by private entities under service contracts with public authorities, may be singled out and so help identify public functions in the sense of Icelandic administrative law.

scholarly journals Limits to the European Commission – Managing Services of General Interests

2013 ◽  
Vol 4 (3) ◽  
pp. 23-48 ◽  
Author(s):  
Jerzy Ząbkowicz
Keyword(s):  
European Commission ◽  
Essential Element ◽  
Shared Responsibility ◽  
General Interest ◽  
Regulatory Regime ◽  
The European Union ◽  
Public Authorities ◽  
Wide Range ◽  
Services Of General Interest ◽  
The Eu

Services of general interest form an essential element of the European model of society as a way to increase quality of life and to overcome social exclusion and isolation. They are also at the core of the public debate touching the central question of the role public authorities and the institutions of the European Union play in a market economy. The competencies and responsibilities conferred by the Treaty, the EU regulations and directives lay emphasis on the essential role and the wide discretion of national, regional and local authorities in defining, organizing, financing and monitoring services of general interest. The same time the EU Law provide the European Commission with a wide range of means of action to ensure the compliance of the process of organizing and financing such services according to a comprehensive regulatory regime at Community level to make them compatible with the internal market and to prevent a distortion of the competition rules. The paper indicates divergences of the points of view of public authorities and the Commission on their role, shared responsibility and powers in that process.

scholarly journals Public Services between the Citizen’s Need and the Possibilities of the Administration

2018 ◽  
Vol 9 (2) ◽  
pp. 23-34
Author(s):  
Adriana Grigorescu
Keyword(s):  
Public Services ◽  
Living Environment ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
Financial Strength ◽  
The Social ◽  
Public Resources ◽  
Services Of General Interest

Abstract This paper aims at the balance between the citizen and the public authorities with public services as an interface. Public services place themselves at the crossroads of many elements such as: needs of the citizen, social need, public will, public resources, private availability, and civic sense. Without claiming to have identified all factors that converge to defining / structuring the public services (PS) / services of general interest (SGI), the paper tried to highlight some of the most important. The social need is covered at the macro level and it represents what society - as a whole - needs. Citizens’ needs are more specific, individualized and custom-designed, rundown by gender, age, education, social condition, financial strength, religion, living environment etc. The public will is an expression of what the Administration encompasses in mid- and long-term national strategies and addresses in detail the PS / SGI in sectorial policies where responsibility is assumed. Public resources include in our assessment all resources at the disposal of the Administration at some point. Private availability can be expressed through various forms such as public-private partnerships, development of complementary private sponsorships, donations etc. A balanced public service can also benefit of citizens’ civic sense. Even if they are completely satisfied with the services at hand they understand that it would be without sense to unnecessary ask for them just only because it’s free.

scholarly journals The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

2020 ◽  
Vol 13 (2) ◽  
pp. 55-86
Author(s):  
Luis Arroyo Jiménez ◽  
Gabriel Doménech Pascual
Keyword(s):  
Decision Making ◽  
General Principle ◽  
Legal Status ◽  
Case Law ◽  
Administrative Law ◽  
Status Quo ◽  
Eu Law ◽  
National Legislation ◽  
Legitimate Expectations ◽  
The Eu

This article describes the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, firstly, whether the formal incorporation of the principle of legitimate expectations into national legislation and case law has modified the substance of the latter, and if so, secondly, whether this has led to a weaker or a more robust protection of the legal status quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rulemaking. Our conclusion is that the Europeanisation of Spanish administrative law through the principle of legitimate expectations has been variable and ambiguous.

scholarly journals 8. General principles of EU law and EU administrative law

2017 ◽  
Author(s):  
Herwig C H Hofmann
Keyword(s):  
Administrative Law ◽  
Eu Law ◽  
Applicable Law ◽  
Administrative Action ◽  
The Eu

This chapter examines the steps which take place after legislation has been passed. It also looks at the principles and rules that exist to ensure the legality and legitimacy of administrative action implementing EU law. It begins with an overview of the key institutions and agencies of the EU and what they do. It then discusses the applicable law which is key to developing notions of accountability and the protection of rights in this field.

PRAVOSUĐE (KRIVIČNO) KAO VID JAVNE SLUŽBE

2021 ◽  
pp. 445-457
Author(s):  
Marija Milojević ◽  
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Theory ◽  
Judicial System ◽  
General Interest ◽  
Legal Literature ◽  
History Of ◽  
Services Of General Interest ◽  
Mutual Comparison ◽  
Citizen Service

The author gives an overview of the judicial system through the prism of the French legal theory of public services, according to which the state is a set of public services, namely legislative, administrative and judicial public services. The paper contains a theoretical analysis of the notion of state power and then the notion of public service, services of general interest and French legal theory. Within the concept of public service, the author gives an overview of the history of the emergence of public services. Furthermore, the notion of the judicial system is defined as a type of judicial power and as a type of judicial public service on the other hand for the purpose of their mutual comparison and more detailed analysis. Emphasis is also placed on criminal justice as a part of the judiciary that also provides services of general interest. The aim of the paper is to point out that the judiciary is not only a power, a syntagm that most often appears in the legal literature and practice, but that it also contains elements of public service and represents a kind of "citizen service".

Article 197 TFEU

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Mutual Recognition ◽  
Legal Framework ◽  
Direct Application ◽  
Free Movement ◽  
Eu Law ◽  
Specific Mechanism ◽  
Public Authorities ◽  
Free Movement Of Goods ◽  
The Many ◽  
The Eu

The effectiveness of the many rights and obligations under EU law rests on a legal framework consisting of direct application of Treaty rules, harmonized European rules, national rules, and mutual recognition, and the task of implementing and ensuring compliance with these rules lies, in practice, with a large number of public authorities in the twenty-eight MS. In order to carry out this task, MS’ authorities need to cooperate closely, meaning that administrative cooperation is not only desirable but is required by the very nature of the EU. In the context of the free movement of goods, many circulation regimes are accompanied by their own specific mechanism of administrative cooperation.

Equal Treatment of Third-Country Nationals in the European Union: Why Not?

2019 ◽  
Vol 21 (1) ◽  
pp. 53-82
Author(s):  
Dáire McCormack-George
Keyword(s):  
European Union ◽  
Equal Treatment ◽  
Eu Law ◽  
The European Union ◽  
Public Authorities ◽  
The Eu ◽  
Third Country Nationals

Abstract This paper outlines an argument for the equal treatment of third-country nationals in the EU. The argument is in two parts. It argues, doctrinally, that the reasons in favour of treating third-country nationals equally are weighty. Second, it suggests that, politically, conceptually and sociologically, third-country nationals should generally be entitled to equal treatment, a guarantee which may be subject to specific exceptions. The reasons for such exceptions should be clearly stipulated by public authorities. The approach which emerges from this position should lead to a more coherent concept of equality emerging in EU law, something which should be amenable to European egalitarians.

Putting security at the heart of the European social pact – proposals to make flexicurity more balanced

2008 ◽  
Vol 14 (3) ◽  
pp. 419-433 ◽  
Author(s):  
Pascale Vielle ◽  
Jean-Michel Bonvin
Keyword(s):  
Public Funding ◽  
General Interest ◽  
The Social ◽  
Social Pact ◽  
Services Of General Interest ◽  
Employment Rates ◽  
New Instruments ◽  
The Eu

The concept of flexicurity opens up new avenues for rethinking our approach to social integration and security for Europe's citizens. In the current European debate, however, flexicurity is out of balance on two levels: it leans too far towards flexibility at the expense of security, and it is too focused on the labour market (and increasing employment rates) at the expense of other aspects of quality of life. This article suggests ways to rebalance flexicurity, giving more substance to ‘security’. In particular it proposes that, in addition to the mutualisation typically found in conventional social security strategies, services of general interest and time and space policies should also be developed. It recommends the negotiation of a new social pact in which all partners (not just the social partners) should have their say. The conclusion highlights the particular role of the EU in promoting harmonising measures and establishing new instruments for security and different ways of approaching public funding and investment.

The ETUC policy on services of general interest

2002 ◽  
Vol 8 (2) ◽  
pp. 224-233
Author(s):  
Wolfgang Kowalsky
Keyword(s):  
Public Sector ◽  
Trade Unions ◽  
Public Services ◽  
Fundamental Rights ◽  
General Interest ◽  
Processes Of Change ◽  
The Public ◽  
Charter Of Fundamental Rights ◽  
European Trade ◽  
Services Of General Interest

In view of the dramatic processes of change under way in the public sector and services of general interest, the ETUC has been obliged to reconsider its policies. The article describes the efforts made by the ETUC in the context of the Charter of Fundamental Rights and the drafting of a proposals for a framework directive. The next challenge to be faced is that of influencing the Convention on the Future of Europe, which requires that European trade unions make urgent efforts to redefine and develop their positions on public services.

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