Abstract
The chapters in this book reveal the concept SSGIs may be viewed in a wider context to embrace a range of social services organised at the national level. The concept is also emerging in a different context through a range of exemptions or special treatment given to social services in European Union (EU) secondary law and soft law policy documents. The current economic crisis in Europe has highlighted the important role that social services play in the historical and cultural tradition of Europe. Traditionally, such services are closely linked to citizenship and nationality entitlements within the ‘bounded’ nation-state and are underpinned by the principle of solidarity. The Court of Justice of the European Union (CJEU) has taken the view that EU law does not limit the powers of the Member States to organise their social welfare systems.
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Notes
- 1.
Van Gestel and Micklitz 2011, p. 39.
- 2.
COM(2001) 598.
- 3.
Ibid.
- 4.
Communication from the Commission: ‘Implementing the Community Lisbon programme: Social services of general interest in the European Union’ COM(2006) 177 final.
- 5.
CJEU, Case 238/82 Duphar v. Netherlands [1984] ECR 523.
- 6.
Szyszczak 2012. See the chapter by Schiek.
- 7.
Mission letter from the President of the European Commission José Manuel Barrosso to Professor Mario Monti, in 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. By Mario Monti, 9 May 2010.
- 8.
See as examples: Council, Council Conclusions ‘Social Services of General Interest: at the heart of the European social model,’ 3053rd Employment, Social Policy Health and Consumer Affairs Council meeting Brussels, 6 December 2010; Commission, Communication from the Commission to the European Parliament, The Council, The European Economic and Social Committee and the Committee of the Regions. Accompanying the Communication on ‘A single market for 21st century Europe.’ Services of general interest, including social services of general interest: a new European commitment, COM(2007) 725; Commission, Commission Staff Working Document. Frequently asked questions concerning the application of public procurement rules to social services of general interest. Accompanying document to the Communication on ‘Services of general interest, including social services of general interest: a new European commitment,’ SEC(2007) 1514; and Commission, Communication from the Commission. Implementing the Community Lisbon programme: Social services of general interest in the European Union, COM(2006) 177.
- 9.
- 10.
OJ 2006 L 376/36.
- 11.
See the chapters by von de Gronden and Szyszczak.
- 12.
- 13.
Commission, Commission Decision of 20.12.2011 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, C(2011) 9380, Article 2, 1c.
- 14.
Edited by Markus Krajewski, Ulla Neergaard and Johan van de Gronden.
- 15.
Edited by Erika Szyszczak, Jim Davies, Mads Andenaes and Tarjei Bekkedal.
- 16.
The Directive was finally adopted as 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 L 88/45.
- 17.
Edited by Johan Willem van de Gronden, Erika Szyszczak, Ulla Neergaard and Markus Krajewski 2011.
- 18.
Article 14 TFEU states: ‘…The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish these principles and set these conditions without prejudice to the competence of Member States, in compliance with the Treaties, to provide, to commission and to fund such services.’
- 19.
OJ 2006 L376/36. See Chap. 13 by Szyszczak.
- 20.
See supra n 5.
- 21.
Joined Cases C-264/01, C-306/01, C-354/01 and C-355/01 AOK Bundesverband [2004] ECR I-2493.
- 22.
Case C-437/09 AG2R v. Beaudout [decided on 3 March 2011, n.y.r].
- 23.
CJEU, Case C-309/99 Wouters [2002] ECR I-1577.
- 24.
CJEU, Case C-519/04 P Meca-Medina and Majcen [2006] ECR I-6991.
- 25.
See Commission, Communication from the Commission, Notice, Guidelines on the Application of Article 81(3) of the Treaty [now Article 101(3) TFEU], OJ 2004 C 101/97, para 42.
- 26.
CJEU, Case C-280/00 Altmark [2003] ECR I-7747.
- 27.
See Commission, Commission Decision of 28 November 2005, C(2005) 2673, on the Application of Article 86(2) of the EC Treaty 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 2005 L 312/67 and the Community Framework for State Aid in the Form of Public Service Compensation, OJ 2005 C 297/4.
- 28.
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 [Finally adopted on 25 April 2012, OJ 2012 L 114/08].
- 29.
See VP of the European Commission Joaquim Almunia, Speech to the College of Europe, Bruges, 30 September 2011, ‘SGEI Reform: Presenting the draft legislation.’
- 30.
According to the Press Release of the Commission: ‘The new package clarifies key state aid principles and introduces a diversified and proportionate approach with simpler rules for SGEIs that are small, local in scope or pursue a social objective, while taking account of competition considerations for large cases.’ State aid: Commission adopts new rules on services of general economic interest (SGEI) IP/11/1571, 20/12/2011.
- 31.
GC, Case T-289/03 BUPA v. Commission [2008] ECR II-81.
- 32.
Directive 2006/123/EC.
- 33.
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 L 88/45.
- 34.
Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision, OJ 2003 L 235/10.
- 35.
See e.g. CJEU, Case C-67/96 Albany [1999] ECR I-5751, CJEU, joined Cases C-264/01, C-306/01, C-354/01 and C-355/01 AOK Bundesverband and Others [2004] ECR I-2493; CJEU, Case C-350/07 Kattner Stahlbau [2009] ECR I-1513 and CJEU, Case C-437/09 AG2R [2011], n.y.r.
- 36.
CJEU, Case C-355/00 Freskot [2003] ECR I-5263; and CJEU, Case C-350/07 Kattner Stahlbau [2009] ECR I-1513 and CJEU, Case C-437/09 AG2R [2011], n.y.r.
- 37.
OJ 2004 L66/1.
- 38.
Directive 2009/138/EC, OJ 2009 L335/1.
- 39.
It should be noted that EU law is an integral part of the law of each Member State which makes the distinction between ‘internal’ and ‘external, i.e. EU influence,’ somewhat arbitrary. Nevertheless, there is a difference between changes in the welfare state based on national debates and policy choices and those based on the impact of EU law.
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Neergaard, U., Szyszczak, E., van de Gronden, J.W., Krajewski, M. (2013). Introduction. 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_1
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