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7 - Services of general economic interest under EU law constraints

from Part II - Emanations of tensions between economic and social integration

Published online by Cambridge University Press:  05 July 2011

Ulla Neergaard
Affiliation:
Københavns Universitet
Dagmar Schiek
Affiliation:
University of Leeds
Ulrike Liebert
Affiliation:
Universität Bremen
Hildegard Schneider
Affiliation:
Universiteit Maastricht, Netherlands
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Summary

Introduction

In his Opinion in the Federutility case, Advocate General Colomer observed that:

In the early days of the welfare state, certain areas of the economy were set apart from the free market philosophy with the aim of reducing the distance between the ‘dominated lebensraum (living space)’ and the ‘effective lebensraum’. Inspired by ideals which went beyond the strictly economic – enshrined in the time-honoured continental legal concept of service public – state intervention in some sectors was intensified, monopolies were created and regulation was increased. Since the Single European Act, when competition was installed as the new deity on ‘the altar of political ideas’, public service has become an obstacle to be overcome in the name of a liberalisation on which all hopes were pinned. The creation of an open market is the first step of this policy, but once barriers have been removed there remain certain requirements which the market alone is not able to meet. […]

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Publisher: Cambridge University Press
Print publication year: 2011

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