The Concept of SSGI and the Asymmetries Between Free Movement and Competition Law

Neergaard, Ulla

doi:10.1007/978-90-6704-876-7_9

Cited by 12 publications

(4 citation statements)

References 4 publications

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“…As with public procurement law, there are exemptions to competition law. For example, it may not apply if a service is designated as a service of general economic interest (SGEI) (as per TFEU, Article 106(2)), a service of general interest (SGI) (which is not part of any binding legal text), a social service of general interest (SSGI) or a non-economic service of general interest (NESGI) (as per the Treaty of Lisbon, Protocol 26) (Neergaard 2013: 207–210). However, such concepts are not integrated into the law, or vocabularies, of member states (Bauby 2013: 36), hence their applicability is ambiguous.…”

Section: Labour’s Mimic-marketmentioning

confidence: 99%

Juridification, new constitutionalism and market reforms to the English NHS

Benbow

2018

Capital & Class

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Market reforms to the English National Health Service within the neo-liberal era have diverted money away from patient needs to market bureaucracies and the coffers of private companies and undermine cross subsidy and risk pooling within the National Health Service. Consequently, governments within the neo-liberal era have sought to remove the deleterious effects of their market reforms from political contestation through strategies of depoliticisation. I assess the success of the strategies of juridification (the increase of formal law) and new constitutionalism (transnational legal rules which restrict national policymaking to the model of liberal democratic capitalism) in depoliticising market reforms to the English National Health Service. As the National Health Service was increasingly marketised, European Union public procurement and competition laws became increasingly applicable, although scope exists for exceptions. The discretion afforded to commissioners by the regulations passed pursuant to S.75 of the Health and Social Care Act (2012) regarding tendering is disputed. Many commissioners have acted as though their discretion was curtailed in practice. However, there are countervailing forces to competition, such as resource constraints and recent moves towards integration (although this may also afford private sector companies with new opportunities). I contend that the privatisation that marketisation has facilitated appears highly politicised, as is evidenced by increased campaigning activity in opposition to it. Recent responses to the Transatlantic Trade and Investment Partnership and prospective post-Brexit trade deals indicate a heightened awareness of the ability of external constitutional constraints to restrict National Health Service policymaking. This suggests that neither the strategies of juridification nor new constitutionalism have been successful in depoliticising market reforms to the English National Health Service.

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Section: Labour’s Mimic-marketmentioning

confidence: 99%

Juridification, new constitutionalism and market reforms to the English NHS

Benbow

2018

Capital & Class

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“…An important legal perspective is the free provision of services, a field of law that involves both State conduct and the entry of undertakings in the internal market. 2 The interaction of EU internal market law and pension policies is a lengthy process with varying degrees of success. This article critically analyses the constraints of EU internal market law, specifically the law on the free provision of services, for supplementary pension policies.…”

Section: Introductionmentioning

confidence: 99%

The internal market for supplementary pensions: A long and winding road

Gruyters

2022

Maastricht Journal of European and Comparative Law

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Since the beginning of the 1990s, EU initiatives have sought to gradually harmonize the activities of institutions for retirement provisions (‘IORPs’). However, thirty years later, multiple barriers to entry remain. This article will identify the current state of play, by adopting a twofold approach towards supplementary pensions in a context of EU internal market law. First, we will assess the process of negative integration of several pension policy tools in light of the free movement case law (in particular, the free provision of services). During this study, the focus will be on mechanisms of compulsory membership and collective bargaining in the field of occupational pensions. Second, we will analyse the most important legislative constraints of supplementary pension services at EU level, with an emphasis on secondary internal market law. We argue that, despite the effort of respecting national autonomy in social policy, positive integration has led to several spillovers. Finally, the article will highlight the most significant obstacles, and conclude by discussing the general attitude of EU internal market law towards supplementary pensions and social policy in general.

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“…Za razvoj in boljše razumevanje ter razlikovanje vseh konceptov splošnega pomena glejNeergaard (2013). 11 Sporočilo Komisije: Izvajanje programa Skupnosti iz Lizbone: Socialne storitve splošnega pomena v Evropski uniji(COM(2006(COM( ) 177, z dne 26.…”

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Opredelitev slovenskega dopolnilnega zdravstvenega zavarovanja kot storitev splošnega gospodarskega pomena

Nikolić

2015

International Public Administration Review

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The Concept of SSGI and the Asymmetries Between Free Movement and Competition Law

Cited by 12 publications

References 4 publications

Juridification, new constitutionalism and market reforms to the English NHS

Juridification, new constitutionalism and market reforms to the English NHS

The internal market for supplementary pensions: A long and winding road

Opredelitev slovenskega dopolnilnega zdravstvenega zavarovanja kot storitev splošnega gospodarskega pomena

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