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.
General
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