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|a 978-90-6704-308-3
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|a EG IX Cd 25
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|a Krajewski, Markus <<[Hrsg.]>>
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|a The changing legal framework for services of general interest in Europe
|b between competition and solidarity
|c ed. by Markus Krajewski ...
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|a The Hague
|b Asser
|c 2009, 2009
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|a XXII, 522 S. : graph. Darst.
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|a Dienstleistungsfreiheit.
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|u http://swbplus.bsz-bw.de/bsz31048751xinh.pdf
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|a TABLE OF CONTENTS ACKNOWLEDGEMENTS V SUMMARY OF CONTENTS VII ABBREVIATIONS XX INTRODUCTION 1 MARKUS KRAJEWSKI, ULLA NEERGAARD, JOHAN VAN DE GRONDEN I. THE CHANGING FRAMEWORK OF PUBLIC SEN ICES IN EUROPE 1 II. AIMS AND STRUCTURE OF THIS BOOK 2 III. CONCEPTS AND PRINCIPLES 2 IV. FINANCING AND ORGANISING SERVICES OF GENERAL INTEREST 4 V. REGULATING SERVICES OF GENERAL INTEREST 6 VI. EXPERIENCES IN THE MEMBER STATES 8 PART ONE: CONCEPTS AND PRINCIPLES 15 CHAPTER 1 SERVICES OF GENERAL ECONOMIC INTEREST:THE NATURE OF THE BEAST 17 ULLA NEERGAARD I. INTRODUCTION 17 II. TERMINOLOGY 19 II. 1 SERVICES OF GENERAL INTEREST 20 11.2 SERVICES OF GENERAL ECONOMIC INTEREST 22 11.3 NON-ECONOMIC SERVICES OF GENERAL INTEREST 27 11.4 EXERCISE OF PUBLIC AUTHORITY AND NON-UNDERTAKINGS 28 11.5 MARKET SERVICES 30 11.6 SOCIAL, HEALTH AND EDUCATIONAL SERVICES 31 III. QUESTIONING THE DEFINITIONS 34 III. 1 LACK OF CLARITY REGARDING THE DEFINITIONS THEMSELVES 34 111.2 PLACEMENT OF THE COMPETENCE TO DECIDE WHAT CONSTITUTES A SERVICE OF GENERAL ECONOMIC INTEREST 35 111.3 THE DISTINCTION BETWEEN ECONOMIC AND NON-ECONOMIC SERVICES 38 111.4 THE LINK BETWEEN SERVICES OF GENERAL ECONOMIC INTEREST AND UNIVERSAL SERVICE OBLIGATIONS 39 111.5 THE LINK BETWEEN SERVICES OF GENERAL ECONOMIC INTEREST AND PUBLIC GOODS 44 111.6 THE POSSIBLE IMPACT OF THE VISIONS OF THE EUROPEAN SOCIAL MODEL AND SOCIAL MARKET ECONOMY 47 IV. CONCLUDINE REMARKS 49 TABLE OF CONTENTS XI CHAPTER 2 WHAT DOES ARTICLE 86 ACTUALLY DO? 51 GARETH DAVIES I. INTRODUCTION 51 II. THE OBLIGATION 52 III. THE DEROGATION 58 IV. THE BROADER RELATIONSHIP BETWEEN COMPETITION AND PUBLIC SERVICES 62 IV. 1 ABUSE, WELFARE AND THE PUBLIC INTEREST 62 IV.2 UNDERTAKINGS AS STATE AGENTS 65 IV.3 PROPORTIONALITY 65 V. CONCLUSIONS 66 CHAPTER 3 TAKING STOCK: THE EU INSTITUTIONS AND SERVICES OF GENERAL ECONOMIC INTEREST 69 STEPHAN WERNICKE I. THE TREATY SITUATION: SHARED VALUES 69 II. LEGISLATION: BETWEEN A CONTESTED SERVICES DIRECTIVE AND THE LACK OF A FRAMEWORK
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|a DIRECTIVE 72 II. 1 THE SERVICES DIRECTIVE 72 II.2 A FRAMEWORK DIRECTIVE 73 III. COMMISSION PRACTICE 75 IV. JURISPRUDENCE 76 V. CONCLUSION: SGEI AS THE NORMATIVE ANCHOR FOR SOLIDARITY 79 CHAPTER 4 THE VALUE OF SOLIDARITY IN EUROPEAN PUBLIC SERVICES LAW 81 MALCOLM ROSS I. THE EU CONSTITUTIONAL CONTEXT: SINGLE MARKET OR EUROPEAN SOCIAL MODEL? 82 II. SOLIDARITY - ANACHRONISTIC RHETORIC OR WORKABLE LEGAL CONCEPT? 84 III. SOLIDARITY AND EU LAW IN RELATION TO PUBLIC SERVICES 89 IV. FINAL OBSERVATIONS 98 PART TWO: FINANCING AND ORGANISING SERVICES OF GENERAL INTEREST 101 CHAPTER 5 THE ALTMARK CASE AND ITS CONSEQUENCES ! 03 JEAN-MARC THOUVENIN I. THE DEBATE BEFORE ALTMARK 105 II. THE ALTMARK DECISION 107 III. THE SUBSEQUENT CASE LAW 108 IV. THE COMMISSION'S POLICY CONCERNING COMPENSATIONS FALLING OUTSIDE THE ALTMARK CRITERIA ' 1- CHAPTER 6 STATE AID CONTROL OVER PUBLIC SERVICES: A VIEW FROM THE COURT 117 THOMAS VON DANWITZ I. INTRODUCTION 1' 7 II. THE ROLE OF STATE AID CONTROL IN THE PROCESS OF LIBERALISATION AND PRIVATISATION 118 XII TABLE OF CONTENTS III. STATE AID CONTROL IN PARTIALLY LIBERALISED MARKETS AND CROSS-SUBSIDISATION 119 III. 1 THE ROLE OF STATE AID CONTROL IN PARTIALLY LIBERALISED MARKETS 120 III. 1 .A A 'SPECIFIC' ROLE FOR STATE AID CONTROL IN LIBERALISED SECTORS? 121 III. 1 .B USE AND ABUSE OF STATE RESOURCES - IN SEARCH OF IMPUTABILITY 122 III.2 COST ALLOCATION - IN SEARCH OF THE 'RIGHT' STANDARD 123 III.2.A SCOPE AND INTENSITY OF JUDICIAL REVIEW 124 III.2.B THE COST-STANDARD FOR CROSS-SUBSIDISATION 125 III.2.C REMAINING UNCERTAINTIES 126 IV. CONCLUSION 126 CHAPTER 7 PROBLEMS OF CROSS-SUBSIDISATION 1 29 MICHAEL FEHLING I. INTRODUCTION 129 II. CHARACTERISING AND IDENTIFYING DIFFERENT TYPES OF CROSS-SUBSIDISATION 131 II. 1 TYPES OF CROSS-SUBSIDISATION AND SITUATIONS IN WHICH THEY OCCUR 131 11.2 ECONOMIC BENCHMARKS FOR THE PROPER ALLOCATION OF (COMMON) COSTS 133 11.3 THE TRANSPARENCY DIRECTIVE
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|a AND SECTOR-SPECIFIC UNBUNDLING PROVISIONS AS SAFEGUARDS AGAINST CROSS-SUBSIDISATION 135 III. CROSS-SUBSIDISATION AS A POTENTIAL ABUSE OF A DOMINANT MARKET POSITION UNDER ARTICLE 82 EC AND RELATED SECTOR-SPECIFIC PROVISIONS 137 III. 1 NO GENERAL PROHIBITION OF CROSS-SUBSIDISATION UNDER ARTICLE 82 EC 137 111.2 ABUSE OF DOMINANT MARKET POWER UNDER SPECIFIC CIRCUMSTANCES 138 111.3 NO SPECIAL STANDARDS FOR PUBLIC ENTERPRISES FOR DETERMINING A DOMINANT MARKET POSITION 140 IV. THE IMPACT OF STATE AID RULES (ARTICLE 87 EC) 141 IV. 1 FUNDING ATTRIBUTABLE TO THE STATE 141 IV.2 ADVANTAGE FOR THE UNDERTAKING 143 IV.3 JUSTIFICATION OF CROSS-SUBSIDISATION CONSTITUTING STATE AIDS 146 V. CONCLUSION 146 CHAPTER 8 THE CONCEPTUAL LINKS BETWEEN STATE AID AND PUBLIC PROCUREMENT IN THE FINANCING OF SERVICES OF GENERAL ECONOMIC INTEREST 149 CHRISTOPHER H. BOVIS I. INTRODUCTION 149 II. THE CONCEPT OF SERVICES OF GENERAL INTEREST THROUGH PUBLIC PROCUREMENT JURISPRUDENCE 150 II. 1 THE NON-COMMERCIAL NATURE OF NEEDS IN THE GENERAL INTEREST 151 11.2 THE COMMERCIAL/PUBLIC SERVICE CAPACITY OF CONTRACTING AUTHORITIES 154 11.3 THE CONNECTION BETWEEN CONTRACTING AUTHORITIES AND PRIVATE UNDERTAKINGS 156 11.4 PROCUREMENT AND CONTRACTUALISED GOVERNANCE 158 11.5 THE "PUBLIC' NATURE OF PUBLIC PROCUREMENT: FORMALITY VERSUS FUNCTIONALITY 161 III. PUBLIC PROCUREMENT AND FINANCING OF PUBLIC SERVICES 163 IV. THE DELINEATION BETWEEN MARKET FORCES AND PROTECTION IN THE FINANCING OF PUBLIC SERVICES 167 V CONCLUDING REMARKS 170 TABLE OF CONTENTS XIII CHAPTER 9 THE NEVER ENDING STORY OF 'IN-HOUSE' PROCUREMENT 17 1 WALTER FRENZ AND PHILIPP SCHLEISSING I. INTRODUCTION 171 II. THE ORIGINS OF THE 'IN-HOUSE' DOCTRINE 172 III. SPECIFYING THE'IN-HOUSE'CRITERIA 173 IV. PUBLIC PUBLIC PARTNERSHIP AND THE 'IN-HOUSE' DOCTRINE 174 V. THE ASEMFOLTRAGSA CASE 176 V.I MERE AUXILIARY INSTRUMENT OUTSIDE OF PROCUREMENT LAW? 177 V.2 CONTROL WHICH IS SIMILAR
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|a TO CONTROL OVER OWN DEPARTMENTS 179 V.3 ESSENTIAL ACTIVITIES FOR THE SHAREHOLDERS 179 V.4 THE LEFTOVER OF THE ASEMFO/TRAGSA CASE 181 VI. THE CODITEL-CASE 182 VI. 1 FACTS OF THE CASE 182 VI.2 ADVOCATE GENERAL TRSTENJAK'S OPINION 183 VI.3 THE COURT'S DECISION 184 VI.4 IMPLICATIONS OF THE JUDGMENT 185 VII. CONCLUSION 187 PART THREE: REGULATING SERVICES OF GENERAL INTEREST 189 CHAPTER 10 MODERNISING HEALTHCARE: PILGRIMAGE FOR THE HOLY GRAIL? 191 ERIKA SZYSZCZAK I. INTRODUCTION 191 II. THE MARKETS FOR HEALTHCARE 192 III. SOLIDARITY IN HEALTHCARE 193 IV. THE IMPACT OF THE FREE MOVEMENT CASE LAW 197 V. STATE AID AND PROCUREMENT LAW 201 VI THE USE OF PROCUREMENT FOR PUBLIC SERVICE OBLIGATIONS 202 V.2 THE USE OF PROCUREMENT TO ALLOCATE SCARCE RESOURCES 207 VI. HEALTHCARE AS A COMPETITION ISSUE 208 VII. CONCLUSION 212 CHAPTER 11 THE USER-PROVIDER RELATIONSHIP: INFORMED CHOICE AND USER PROTECTION THROUGH PRIVATE LAW 215 PETER ROTT I. INTRODUCTION 215 II. THE STARTING POINT 216 11.1 GENERAL PRINCIPLES OF CONTRACT LAW 216 11.2 SPECIFIC ISSUES IN CONTRACTS ON SERVICES OF GENERAL INTEREST 217 II.2.A PRIVILEGES FOR SERVICE PROVIDERS 217 LL.L.B DEPENDENCY OF USERS 218 II.2.C LIMITED CONTROL 219 III. INFORMED CHOICE ON THE MARKET-PLACE 219 III. I INFORMATION AND TRANSPARENCY 220 III.2 FACILITATING THE CHANGE OF PROVIDER 221 XIV TABLE OF CONTENTS III.3 IV. IV. 1 IV.2 IV.3 IV.4 IV.5 V. STOCKTAKING AND THE NEXT STEPS UNIVERSAL SERVICE REQUIREMENTS ACCESS TO SERVICES AFFORDABILITY QUALITY CONTINUITY STOCKTAKING PERSPECTIVES 222 224 225 226 228 229 230 P 230 CHAPTER 12 THE SERVICES DIRECTIVE AND SERVICES OF GENERAL (ECONOMIC) INTEREST 233 JOHAN VAN DE GRONDEN I. INTRODUCTION 233 II. DEFINITIONS AND SERVICES OF GENERAL ECONOMIC INTEREST AND SERVICES OF GENERAL INTEREST 233 II. 1 SERVICES OF GENERAL ECONOMIC INTEREST AND SERVICES OF GENERAL INTEREST UNDER THE SERVICES DIRECTIVE 234 II.2 NEW DEVELOPMENTS REGARDING THE CONCEPT OF SERVICES OF
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|a GENERAL ECONOMIC INTEREST AND THEIR CONSEQUENCES FOR THE SERVICES DIRECTIVE 235 III. SCOPE OF THE SERVICES DIRECTIVE 241 IV. THE SERVICES DIRECTIVE PROVISIONS ON SERVICES OF GENERAL ECONOMIC INTEREST AND FREEDOM OF ESTABLISHMENT 242 IV. 1 SERVICES DIRECTIVE ARTICLE 15(4) AND SERVICES OF GENERAL ECONOMIC INTEREST 242 IV.2 THE CONSEQUENCES OF THE SERVICES DIRECTIVE PROVISIONS ON ESTABLISHMENT AND SERVICES OF GENERAL ECONOMIC INTEREST 244 V. THE SERVICES DIRECTIVE PROVISIONS ON SERVICES OF GENERAL ECONOMIC INTEREST AND THE FREE MOVEMENT OF SERVICES 246 V. 1 THE SCOPE OF SERVICES DIRECTIVE ARTICLE 16 246 V.2 SERVICES OF GENERAL ECONOMIC INTEREST AS AN EXCEPTION TO SERVICES DIRECTIVE ARTICLE 16 247 VI. TOWARDS A COMMUNITY FRAMEWORK FOR SGEI 250 VII. CONCLUDING REMARKS 253 CHAPTER 13 TOWARDS A GENERAL EC FRAMEWORK INSTRUMENT RELATED TO SGEI? POLITICAL CONSIDERATIONS AND LEGAL CONSTRAINTS 255 STEPHANE RODRIGUES I. INTRODUCTION 255 II. POLITICAL CONSIDERATIONS: AN EC GENERAL INSTRUMENT FOR SGEI, WHY? 256 II. 1 DOES A POLITICAL CONSENSUS TO DEVELOP A HORIZONTAL APPROACH EXIST? 257 II.2 ARE THERE GOOD REASONS TO ADOPT A HORIZONTAL APPROACH? 259 III. LEGAL CONSTRAINTS: HOW TO DEVELOP AN EC GENERAL INSTRUMENT FOR SGEI? 260 III. 1 WHAT IS THE APPROPRIATE LEGAL BASIS AND WHAT TYPE OF ACT SHOULD BE ADOPTED? 260 III.2 HOW CAN ADDED-VALUE BE ACHEIVED? 262 IV. CONCLUSION 265 TABLE OF CONTENTS XV PART FOUR: EXPERIENCES IN THE MEMBER STATES 267 CHAPTER 14 FRANCE 269 MAGALI DREYFUS I. THE NOTION OF SERVICE PUBLIC IN FRANCE 270 II. THE IDENTIFICATION OF A PUBLIC SERVICE ACTIVITY 272 III. THE MANAGEMENT METHODS OF PUBLIC SERVICES 278 III. 1 IN-HOUSE PROVISION 279 III.2 THE PUBLIC SERVICE INITIATED BY A PRIVATE BODY 281 IV. THE ISSUE OF SOCIAL PUBLIC SERVICES 282 V. CONCLUDING REMARKS 288 CHAPTER 15 ITALY 291 ELISABETTA BERGAMINI I. INTRODUCTORY REMARKS 291 II. EVOLUTION IN ECJ CASE LAW AND COMMISSION DECISIONS ON THE DEFINITION OF STATE AID:
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|a EFFECTS ON THE LEGAL FRAMEWORK OF FUNDING PUBLIC SERVICES IN ITALY 291 III. THE ECJ PRINCIPLES ON TRANSPARENCY AND NON-DISCRIMINATION IN SERVICES CONCESSIONS: EFFECTS ON THE LEGAL FRAMEWORK OF ORGANISING AND PROVIDING PUBLIC SERVICES IN ITALY 295 IV. THE CASE OF HEALTH SERVICES: INFLUENCE OF THE ECJ'S MOST RECENT CASE-LAW ON THE ITALIAN LEGAL SYSTEM 301 V. OVERALL REMARKS ON THE REGULATION OF NON-HARMONISED PUBLIC SERVICES ON THE ITALIAN MARKET 302 V. 1 HEALTH AND SOCIAL SERVICES 302 V.2 LOCAL PUBLIC TRANSPORTATION 304 V.3 WASTE MANAGEMENT 305 V.4 WATER DISTRIBUTION 307 VI. FINAL REMARKS 307 CHAPTER 16 SPAIN 309 LUIS ARROYO JIMENEZ I. INTRODUCTION 309 II. UNDERSTANDING PUBLIC SERVICES 309 II. 1 PUBLIC SEN-ICES UNDER SPANISH GENERAL ADMINISTRATIVE LAW 309 II.2 THE IMPACT OF EU LAW 313 III. ORGANISING PUBLIC SEN ICES 315 III. 1 THE RECEPTION OF THE IN-HOUSE DOCTRINE AND ITS LIMITS 315 III.2 PUBLIC CONTRACTS, THE DELEGATION OF PUBLIC SERVICES AND EU LAW 319 IV. FINANCING PUBLIC SEN'ICES 323 V. CONCLUSIONS 325 XVI TABLE OF CONTENTS CHAPTER 17 GERMANY 327 SIGRID BOYSEN I. INTRODUCTION 327 II. TRANSPARENCY, JUDICIAL REVIEW, COMPLIANCE MECHANISMS: APPLICATION OF EU STATE AID LAW 330 II. 1 TRANSPARENCY AND COMPLIANCE 330 II.2 ACCESS TO COURTS 333 III. PUBLIC SERVICES UNDER THE JURISDICTION OF THE GERMAN COURTS 334 111.1 PROCEDURALISATION OF PUBLIC SERVICE OBLIGATIONS AFTER ALTMARK TRANS? THE DECISION OF THE GERMAN FEDERAL ADMINISTRATIVE COURT OF 19 TH OCTOBER 2006 335 111.2 THE DIVIDED REGIME OF GERMAN PROCUREMENT LAW: THE FEDERAL CONSTITUTIONAL COURT'S DECISION ON COURT REVIEW OF CONTRACT AWARDS BELOW THRESHOLD AMOUNTS 337 IV. LEGISLATION ON PUBLIC SERVICES 341 IV. 1 STATE LEVEL: RESTRICTION ON ECONOMIC ACTIVITIES OF PUBLIC UNDERTAKINGS 342 IV.2 FEDERAL LEVEL I: AMENDMENT OF THE LAW AGAINST RESTRAINTS ON COMPETITION 343 IV. 3 FEDERAL LEVEL II: CONSTITUTIONAL AMENDMENT WITH REGARD TO LOCAL GOVERNMENT CO-OPERATION
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|a 344 V. BETWEEN GROWING COMPETITION AND STATE HIERARCHY: HEALTH SERVICES 347 VI. UNDERLYING CONCEPT: THE ENSURING STATE 352 CHAPTER 18 UNITED KINGDOM 357 NINA BOEGER AND TONY PROSSER I. INTRODUCTION 357 II. THE LEGAL STRUCTURE AND ORGANISATION OF PUBLIC SERVICES 358 III. THE RECEPTION OF EC J CASE LAW ON TRANSPARENCY, IN-HOUSE PROVISION AND STATE AID 360 111.1 PROCUREMENT AND TRANSPARENCY 360 111.2 PROCUREMENT OF'IN-HOUSE'SERVICES 362 111.3 EU STATE AID LAW AND ALTMARK 363 IV. HEALTH SERVICES 365 IV. 1 THE ENGLISH REFORMS 365 IV.2 APPLICATION OF COMPETITION LAW TO NHS PROVISION OF HEALTH SERVICES 366 IV. 3 STATE AIDS 368 IV.4 PROCUREMENT 368 IV. 5 PROCUREMENT UNDER THE PFI 370 1V.6 FREEDOM OF MOVEMENT AND PROVISION OF HEALTH SERVICES 370 V. SOCIAL SERVICES 372 V.I SOCIAL CARE IN ENGLAND 372 V.2 APPLICATION OF COMPETITION LAW TO SOCIAL CARE 373 V.3 STATE AID 374 V.4 PROCUREMENT 375 VI. LOCAL PUBLIC TRANSPORTATION 375 VI.1 DEREGULATION OF BUS SERVICES 375 VI.2 THE NEW EC REGULATION 376 VI.3 COMPETITION LAW 377 VI.4 OTHER LOCAL TRANSPORT 378 TABLE OF CONTENTS XVII VI. WATER AND WASTE MANAGEMENT 379 VII. CONCLUSIONS 38 J CHAPTER 19 NETHERLANDS 383 SASKIA LAVRIJSSEN AND SYBE DE VRIES I. INTRODUCTION 383 II. GENERAL CONSTITUTIONAL AND LEGAL FRAMEWORK 384 II. 1 INTRODUCTION 384 11.2 THE COMPETITION ACT 1998 384 11.3 BEHAVIOUR RULES FOR PUBLIC UNDERTAKINGS 385 11.4 PUBLIC PROCUREMENT RULES 386 III. HEALTH CARE SECTOR 388 III. 1 INTRODUCTION 388 111.2 SYSTEM CHANGES 389 III.2.A HEALTH INSURANCE 389 III.2.B NEW TARIFF STRUCTURES 390 III.2.C LAW ON THE REGULATION OF HEALTH CARE 391 III.2.D CO-OPERATION BETWEEN NZA AND NMA 392 111.3 THE RECEPTION OF EC LAW IN THE FIELD OF HEALTHCARE 393 III.3.A THE APPLICATION OF THE FREE MOVEMENT RULES 393 III.3.B THE APPLICATION OF THE STATE AID RULES WITH RESPECT TO HEALTH INSURANCE 394 DUTCH SYSTEM IN THE LIGHT OF THE BUPA CASE OF THE CFI 396 III.3.C THE APPLICATION OF THE
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|a COMPETITION RULES AND THE PROVISION OF HEALTH CARE 398 III.3.D OBSERVATIONS 400 IV. SOCIAL HOUSING 401 IV. 1 INTRODUCTION 401 IV.2 THE REGULATION OF SOCIAL HOUSING 402 IV.2.A HOUSING ACT AND THE DECREE ON MANAGEMENT OF SOCIAL HOUSING 402 IV.2.B FUNDING ACTIVITIES OF HOUSING CORPORATIONS 403 IV.3 THE RECEPTION OF EC LAW IN THE FIELD OF SOCIAL HOUSING 404 IV3.A THE APPLICATION OF THE FREE MOVEMENT RULES:'SINT SERVATIUS' 405 IV3.B THE APPLICATION OF THE COMPETITION RULES TO HOUSING CORPORATIONS 407 THE PROLOGUE: STATE AID TO THE IRISH HOUSING AGENCY 407 THE LETTER OF THE EUROPEAN COMMISSION TO THE DUTCH GOVERNMENT 408 COMMISSION DECISION 2005/842/EC ON PUBLIC SERVICE COMPENSATION 408 THE JUDGMENT OF THE COURT OF FIRST INSTANCE IN BUPA 409 IV4 OBSERVATIONS 409 V. PUBLIC SERVICE BROADCASTING 410 V.I INTRODUCTION 410 V.2 THE REGULATION OF PUBLIC SERVICE BROADCASTING 411 V.2.A THE PROPOSAL FOR A MULTIMEDIA ACT 412 V.3 THE RECEPTION OF EC LAW IN THE FIELD OF PUBLIC SERVICE BROADCASTING 412 V.3.A THE APPLICATION OF THE FREE MOVEMENT RULES: "MEDIA CASES' 412 V.3.B THE APPLICATION OF THE COMPETITION RULES 413 THE PROTOCOL ON PUBLIC SERVICE BROADCASTING AND THE *BROADCASTING TWCOMMUNICATIONO DUTCH CASE' S ON PUBLIC SERVICE BROADCASTING 41 41J 4 L REVIEW OF THE BROADCASTING COMMUNICATION 415 REACTION OF THE DUTCH AUTHORITIES XVIII TABLE OF CONTENTS THE MULTI-MEDIA ACT AND PUBLIC SERVICE BROADCASTING AS A SERVICE OF GENERAL ECONOMIC INTEREST 418 THE JUDGMENTS OF THE COURT OF FIRST INSTANCE IN BUPA AND TV2/DANMARK 419 V.4 OBSERVATIONS 419 VI. CONCLUSIONS 420 CHAPTER 20 SWEDEN 423 TOM MADELL I. SOME GENERAL REMARKS ABOUT PUBLIC SERVICES, STATE AID AND TRANSPARENCY 423 1.1 STATE AID 424 1.2 THE TRANSPARENCY DIRECTIVES (80/723/EEC) AND (2006/11 I/EC) 426 1.3 PUBLIC PROCUREMENT AND TENDERING 427 II. HEALTH AND SOCIAL SERVICES 427 II. 1 HEALTH AND MEDICAL SERVICES 428 II. 1 .A THE POSSIBILITY OF ENTERING INTO CONTRACTS WITH PRIVATE ENTREPRENEURS
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|a 428 II. 1 .B THE FREE MOVEMENT WITHIN SOCIAL AND HEALTH SERVICES 430 11.2 PUBLIC AND SOCIAL HOUSING - THE MUNICIPAL HOUSING COMPANIES (MHC) 431 II.2.A THE PRESENT SITUATION 431 II.2.B THE INQUIRY ON PUBLIC HOUSING 433 11.3 FREE CHOICE WITHIN THE AREA OF HEALTH CARE AND SOCIAL SERVICES 434 II.3.A REQUIREMENTS CONCERNING PROVIDERS AND CONTRACT DOCUMENTS 435 II.3.B CONTINUOUS ADVERTISING 435 II.3.C APPLICATION AND AWARD OF CONTRACTS 436 11.3.(1 REVIEW 436 II.3.E CHOICE OF PROVIDER AND NO-CHOICE ALTERNATIVE 436 II.3.F MUNICIPAL CO-OPERATION ON A FREE CHOICE SYSTEM AND PROVIDERS IN ANOTHER MUNICIPALITY 437 II.3.G MORE INFLUENCE FOR THE INDIVIDUAL AND BETTER OPPORTUNITIES FOR THE SERVICE PROVIDERS? 437 11.4 EDUCATION 438 II.4.A THE SWEDISH FREE CHOICE SYSTEM AND THE PUBLIC FUNDING OF INDEPENDENT SCHOOLS 439 II.4.B SOME STATISTICS 442 III. LOCAL PUBLIC TRANSPORTATION 443 IV. WASTE MANAGEMENT 444 V WATER DISTRIBUTION AND SANITATION 445 V. 1 RESPONSIBILITY AT LOCAL LEVEL FOR WATER SUPPLY AND SANITATION 445 V.2 WATER SUPPLY 446 V.3 SEWAGE TREATMENT 447 VI. GENERAL COMPETITION LEGISLATION 447 VII. FINAL REMARKS 448 CHAPTER 21 POLAND 451 EWA GROMNICKA I. REMNANTS OF A SYSTEM? 452 II. PUBLIC UTILITY AND PUBLIC SEN ICE PROVISION 455 III. TABLE OF CONTENTS XIX IV. DELEGATION OF PUBLIC UTILITY PROVISION TO THE LOCAL LEVEL - THE DIVISION OF TASKS AND COMPETENCIES 462 V. LEGAL FORMS AND FINANCING OF THE PUBLIC SERVICES/PUBLIC UTILITIES 464 VI. APPLICATION OF COMPETITION AND STATE AID RULES TO PUBLIC UTILITY PROVISION 467 VII. IN LIEU OF CONCLUSIONS 471 CHAPTER 22 BULGARIA 473 MARIA SCHUELER I. INTRODUCTION 473 II. GENERAL NOTES ON THE BULGARIAN FRAMEWORK FOR SERVICES OF GENERAL INTEREST 474 II. 1 DIVISION OF COMPETENCIES BETWEEN THE LEVELS OF GOVERNMENT 474 II.2 FORMS OF DELIVERY OF SERVICES 478 III. MAIN TRENDS IN THE DEVELOPMENT OF THE LEGAL FRAMEWORK 479 III. 1 ENCOURAGING PRIVATE SECTOR PARTICIPATION 479 ILL.L.A PRIVATISATION 480 III. 1 .B PUBLIC
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|a PRIVATE PARTNERSHIPS 484 III.L.C CONCESSION REGIME 484 III. 1 .D PUBLIC PROCUREMENT FRAMEWORK 486 III.2 REGIONALISATION AND INTER-MUNICIPAL CO-OPERATION 489 III.2.A REGIONALISATION 490 III.2.B INTER-MUNICIPAL CO-OPERATION 492 IV CONCLUSIO . CONCLUSION N S 49 494 9 MARKUS KRAJEWSKI I. GENERAL PRINCIPLES OF AN EMERGING EUROPEAN LAW OF SERVICES OF GENERAL INTEREST 50 II. THE CHANGING LEGAL FRAMEWORK IN THE MEMBER STATES 502 III. THE CHANGING LEGAL FRAMEWORK AT THE EUROPEAN LEVEL 504 IV. AN EVOLUTIONARY SYSTEM: WHITHER FROM HERE? 505 LISTABLINDET E OX F OCONTRIBUTORF CASES S 505151739
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