The Commission’s Soft Law in the Area of Services of General Economic Interest

Neergaard, Ulla

doi:10.1007/978-90-6704-734-0_3

Cited by 5 publications

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“…First, there is a real possibility of this changing shortly: the Commission 'will assess the situation in one year's time and propose any further measures as necessary, including legislative measures'. Second, precisely due to the flexibility and dynamism of the SGEI concept itself, and after all due to the frequent disagreements between the various EU institutions and the Member States, most of the applicable regulations on SGEI have seen the light as soft law (see Neergaard, 2011).…”

Section: Discussion: the Access To Basic Financial Services As A Sgeimentioning

confidence: 99%

Basic financial services: A new service of general economic interest?

Gómez-Barroso

Marbán-Flores

2013

Journal of European Social Policy

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In July 2011, the European Commission released a Recommendation on access to a basic payment account. The contents of this Recommendation (where Member States are required to establish universal service obligations) imply that the Commission considers that services facilitating basic access to the financial system meet the requirements to be classified of general interest. This paper discusses this possibility after studying the phenomenon of the unbanked in the European Union and, more generally, in developed countries.

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Section: Discussion: the Access To Basic Financial Services As A Sgeimentioning

confidence: 99%

Basic financial services: A new service of general economic interest?

Gómez-Barroso

Marbán-Flores

2013

Journal of European Social Policy

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“…In Section III, a hypothesis for the definition on an SGEI based on economic theory is developed. In Section IV, it is examined whether this definition can explain the case law of the European Courts, and some judgments are analysed in order to determine whether the case is a 'mistake', or the economic 4 For an analysis of the soft law regulation of SGEIs, see Neergaard (2011). 5 Cf.…”

Section: Introductionmentioning

confidence: 99%

What is a service of general economic interest?

Ølykke

Møllgaard

2013

Eur J Law Econ

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The definition of the concept a ''service of general economic interest'' (SGEI) known from Article 106(2) treaty of the functioning of the European Union is clarified. When a service is determined to be an SGEI, Member States may enact measures and undertakings entrusted with the provision of the SGEI may engage in behaviour which would otherwise be contrary to the rules of the Treaties, notably the competition rules. Member States retain a wide discretion to define, provide and finance SGEIs; i.e. to use the entrustment of an SGEI as a tool to intervene in the market. This discretion is subject only to a test for manifest error of assessment by the Commission. To increase legal certainty, ensure effective intervention in markets and prevent their use in industrial policy, it is highly relevant to clarify what SGEIs are. The various definitions published by the Commission and in the literature are examined, and a new definition of an SGEI based on economic theory (networks and network effects) is formed. This definition is consistent with the case law of the Court of Justice of the European Union and the General Court. On the basis of the definition, implications for efficiency in dealing with SGEIs are made.

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Article 106 [Public and Privileged Undertakings and Services of General Economic Interest]

Hinds

2022

Springer Commentaries on International and European Law

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The Commission’s Soft Law in the Area of Services of General Economic Interest

Cited by 5 publications

References 4 publications

Basic financial services: A new service of general economic interest?

Basic financial services: A new service of general economic interest?

What is a service of general economic interest?

Article 106 [Public and Privileged Undertakings and Services of General Economic Interest]

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