This report was commissioned by Jill Evans MEP, with the following objectives: Examine how realistic the idea of Associate Union Citizenship is, and how it could be developed giving all UK citizens the opportunity to retain aspects of EU citizenship; Set out what treaty change(s) may be necessary to develop Associate Union Citizenship; Considering that all 27 Member State governments and parliaments of the EU would have to agree to a treaty change, examine what could incentivise the EU-27 to agree to such a treaty change, taking account of reciprocity; Examine what options there could be to paid membership to access, if any; Consider what rights concomitant with Associate Union Citizenship are enshrined in the Government of Wales Acts and other UK legislation devolving competences to the Welsh Government and National Assembly for Wales which could strengthen the case for Associate Union Citizenship.
The impact of the Spezzino judgment for third sector organisations Dr. Pedro Telles 1 1. Introduction This paper analyses the potential implications that the Spezzino case 2 may have for third sector organisations wishing to take part in the public procurement of certain service contracts. The Court of Justice of the EU (CJEU) held as admissible in Spezzino to award directly and on a preferential basis some service contracts to not-for profit organisations compliant with certain requirements. This decision by the CJEU constitutes a major derogation of the principles of Articles 49 (freedom of establishment) and 56 (freedom of services) of the TFEU. 3 The paper is structured around the requirements established by CJEU in Spezzino, the impact it may have on third sector organisations across the EU and its relationship going forward with Directive 2014/24/EU, particularly the new "light touch regime" for specific categories of contracts. This paper argues that the scope for impact on third sector organisations is smaller than anticipated at first glance. The exception created by Spezzino only applies to contracts subject to primary EU law, that is contracts with a cross-border interest but not covered by either Directive 2004/18/EC or Directive 2014/24/EU. Furthermore, the grounds for the exception need to be interpreted restrictively. In consequence, going forward it is arguable that it only applies to all emergency ambulance service contracts, as these are explicitly excluded from Directive 2014/24/EU, and urgent ambulance service contracts with a value under €750,000 and a cross-border interest. 2. Scope of Spezzino ruling for third sector organisations The details of the Spezzino case have been explored elsewhere, 4 but it is relevant for the purposes of this paper to mention that the Spezzino case dealt with the acquisition of emergency and urgent ambulance services. In more detail, in Spezzino it was held that directly awarding urgent and emergency ambulance services to voluntary organisations, as allowed for by the Italian Constitution, is within the exception granted to Member States on the grounds of public health, in accordance with Sodemare 5 , Stamatelaki 6 and Commission v Germany. 7
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