Abstract
These Conclusions tease out a number of themes and policies that continually appear in the guise of SSGIs in EU law and policy. Part II of the Conclusions addresses the way in which several authors identify the Europeanization of SSGI. Part III examines the lack of a coherent definition of SSGI in the European Courts’ case law and EU legislation, soft law, and soft governance communications and processes, resulting in many differences in terminology. Part IV acknowledges the actual and potential impact of the Treaty of Lisbon 2009 on the future regulation of SSGI at the Member State and EU level. Part V offers some final Conclusions on the future research potential on SSGI.
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Notes
- 1.
Discussed in the chapter by van de Gronden.
- 2.
See the chapters by Bauby, Szyszczak, Sindbjerg Martinsen, Baeten and Palm, van de Gronden and van Meerten.
- 3.
COM(2011) 900.
- 4.
Rodrigues 2011, p. 267.
- 5.
Ferrera (2004).
- 6.
CJEU, Case C-85/96 María Martínez Sala v. Freistaat Bayern [1998] ECR I-2691; CJEU, Case C-434/09 McCarthy, judgment of 3 March 2011 CJEU, Case C-34/99 Zambrano, judgment of 8 March 2011.
- 7.
CJEU, Case C-256/11 Murat Derci and Others v. Bundesministerium für Inneres [judgment of 20 November 2011]. Here the CJEU followed the logic of Zambrano that cases involving the expulsion of parents from the territory of a Member State were not classic free movement cases under Directive 2004/38/EC. Instead, the CJEU addressed the issues with reference to the fundamental citizenship rights in Article 20 TFEU. The Court reiterates (para 64) that Article 20 precludes national measures which deprive EU citizens of the genuine enjoyment of the substance of these rights. It confirmed that Article 20 rights are protected where no internal EU border has been crossed. Significantly, the Court held that a Member State must have regard to the protection of private and family life, as enshrined in Article 8 of the ECHR and Article 7 of the Charter of Fundamental Rights of the EU. The CJEU has held that the meaning and scope of both Articles is the same (CJEU, Case 400/10 PPU McB. V. L. E . McB [judgment of 5 October 2010]). Thus it should be concluded that Article 7 CFR should be applied in cases of EU law (Dereci and Zambrano) and Article 8 ECHR in purely internal situations.
- 8.
Gubboni 2011. At the same time the Commission is also addressing the strengthening of rights to social and other welfare benefits for workers who are engaged in economic activity. See for example: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, COM(2012) 131 final (21 March 2012). See also the proposal to strengthen collective rights: Proposal for a COUNCIL REGULATION on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services, COM (2012) 130/3.
- 9.
See the chapters by Slot and Heide-Jørgensen.
- 10.
Protocol No. 26, Article 1.
- 11.
Mario Monti, (2010), A NEW STRATEGY FOR THE SINGLE MARKET AT THE SERVICE OF EUROPE'S ECONOMY AND SOCIETY. Report to the President of the European Commission José Manuel Barroso.
- 12.
Commission Communication, Europe 2020, A strategy for smart, sustainable and inclusive growth, COM (2010) 2020 final; Commission Communication to the European parliament, the Council, the Economic and Social Committee and the Committee of the Regions, Towards a Single Market Act, COM (2010) 608 final.
- 13.
European Commission Proposal for a Directive on procurement by entities operating in the water, energy, transport and postal services, COM (2011) 895 final; Proposal for a directive on public procurement, COM(2011) 896 final; Proposal for a Directive on the award of concession contracts, COM(2011) 897 final.
- 14.
Communication from the Commission on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest, OJ 2012 C 8/4; Commission Decision of 20 December 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, OJ 2012 L 7/3; Communication from the Commission, European Union framework for State aid in the form of public service compensation, OJ 2012 C 8/15. Draft Commission Regulation on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest, OJ 2012 l C 8/23. [The de minimis Regulation was adopted in April 2012]. See Geradin 2011.
- 15.
State aid: Commission adopts new rules on services of general economic interest (SGEI) IP/11/1571, 20/12/2011.
- 16.
- 17.
CEEP, Mapping of the Public Services, 2010.
- 18.
See for e.g. GC, Case T-289/03 BUPA [2008] ECR II-81.
- 19.
Articles 107–109 TFEU and the application of Article 106(2) TFEU.
- 20.
Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare, OJ 2011 L88/45.
- 21.
- 22.
The concept of soft law as a multi-purpose ‘lagging’ tool is suggested in the chapter by Szyszczak.
- 23.
See Rodrigues 2009. Cf. Houben 2008 who argues that Article 1 of Protocol No. 26 might be interpreted as enabling a framework directive for SGIs. Fiedziuk 2011 suggests that the Commission could use Article 14 TFEU to create a framework for SGEI based on either a status quo or a progressive approach.
- 24.
See Regner 2011; Jaaskinen 2011. In contrast see Gubboni 2011, p. 253 who argues: ‘Despite the generous statements of principles of the new Treaties reformed at Lisbon, it will be extremely difficult… to reverse the essentially political deficit of social solidarity that makes the process of integration so asymmetrical, and the horizon of the ‘social market economy’ in Europe as weak and as uncertain as ever.’.
- 25.
Article 6(2) TEU; Protocol No. 8, Article 218 TFEU.
- 26.
- 27.
See Gubboni 2011.
- 28.
Article 4(2) TEU states that the Union will ‘respect regional and local self-government’ when legislation is contemplated. Article 2 of Protocol No. 2 states that the Commission is obliged, before proposing a legislative act, in its consultations (and where appropriate) take into consideration the regional and local dimensions of the envisaged act. Article 5 of Protocol No. 2 states that every draft Union legislative act must include an assessment of its impact upon local and regional levels and in the case of draft Directives the Commission should explain the implications for the Member States, including any regional legislation that may be required.
- 29.
The principle of subsidiarity is now contained in Article 5 TEU. The principle includes references to local and regional competence. (Article 5(3) TEU).
- 30.
Seen particularly in COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Towards a Single Market Act For a highly competitive social market economy 50 proposals for improving our work, business and exchanges with one another, COM (2010) 608/final 2.
References
Davies J (2011) The European consumer citizen in law and policy. Palgrave Macmillan, Basingstoke
de la Rosa S (2012) The Directive on cross-border healthcare or the art of codifying complex case law. Com Market Law Rev 49(1):15
Ferrera M (2004) (Social citizenship in the European Union: toward a spatial reconfiguration. In: Ansell CK, Di Palma G (eds) Restructuring territoriality. Europe and the United States compared. Cambridge University Press, Cambridge
Fiedziuk N (2011) Services of general economic interest and the Treaty of Lisbon: opening doors to a whole new approach or maintaining the “status quo”. ELrev 36(2):226
Geradin D (2011) The new SGEI package. JECL & Pract 3(1):1
Gubboni S (2011) Social Europe after the Lisbon Treaty. Some Sceptical Remarks. Eur J Soc Law 4:244
Jaaskinen N (2011) The new rules on SGEI. EStAL 4:599
Joerges C (2011) Will the welfare state survive the European integration? European Journal of Social Law 4
Regner E (2011) Reform of the legal framework for services of general interest. Where do we stand? What should a reform look like? EstAL 4:597
Rodrigues S (2011) The application to services of general economic interest, notably to social services of general interest, of the EU rules related to state aids, public procurement and the internal market. One year after the Commission’s Guide—SEC(2010)1545 final. Eur J Soc Law 4:254
Scharpf FW (2009) The Asymmetry of European integration or why the EU cannot be a ‘social market economy’ KFG working papers. Free Universitat Berlin No. 6
Szyszczak E, Davies J (2011) Universal service obligations, public services obligations and SGEIs. In: Szyszczak, E Davies, J, Andenas M, Bekkedal T (eds) Developments in services of general interest. TMC Asser Press, The Hague
Van de Gronden JW et al. (eds) (2011) Healthcare and EU Law. TMC Asser Press, The Hague
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Szyszczak, E., Neergaard, U., van de Gronden, J.W. (2013). Conclusions. In: Neergaard, U., Szyszczak, E., van de Gronden, J., Krajewski, M. (eds) Social Services of General Interest in the EU. Legal Issues of Services of General Interest. T.M.C. Asser Press, The Hague, The Netherlands. https://doi.org/10.1007/978-90-6704-876-7_23
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