An extension of exemptions: systemic shifts in European Union law and policies

Abstract

Rules on services of general interest allow exceptions to the internal market law of the European Union. Do these exceptions really remain within the limits of free competition? Nowadays, this question seems not to be independent from the risk of direct political considerations influencing the market of public services. This tendency may result in national legislative or administrative measures that may run counter to the spirit of the original objectives of European Union integration. European Union substantive and procedural law does not seem to raise unavoidable obstacles to such efforts. In the context of the European Union regulatory framework for services of general interest, our research focuses on the results of an analysis of a database of European Union court cases that highlights the challenges and threats of recent national instruments of public sector organization to the operation of the European Union internal market and competition rules.

Protected by Monopolies? Access to Services of General Interests on the EU Internal Market

“…Initially, the liberalization program was based on the presumption that the interests of consumers could best be served via the processes of market opening and competition, unless the pursuit of other legitimate objectives beyond competition and free trade was in itself justifiable (Johnston 2016, 95). Over time, the scope and significance of these 'other objectives' increased (Bartha & Horváth, 2020). The protection of consumers (especially vulnerable ones) gradually received a higher rank in EU legislative documents addressing specific SGEI sectors.…”