Developments in Services of General Interest by Erika Szyszczak (auth.), Erika Szyszczak, Jim Davies, Mads

By Erika Szyszczak (auth.), Erika Szyszczak, Jim Davies, Mads Andenæs, Tarjei Bekkedal (eds.)

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1 Introduction: Why Do Public Services Challenge the European Union? 13 explicitly mentions public service obligations and state aid in EU transport law. However, the inter-changeability of concepts in EU law causes semantic confusion and Hennig begins with an examination of the concept of psos in France and the United Kingdom in order to unravel how closely the national concepts can be translated into EU law. In fact the investigation shows very differing concepts between the United Kingdom and France.

However, we had to wait 11 years after the Single Act, for the Treaty of Amsterdam to refer, in Article 16 EC, to SGEIs (without clear definition of the conditions of their particular tasks) as part of the common values of the European Union, with regard to their role in social and territorial cohesion and for which it establishes a shared competence between the EU and the Member States to enable them to fulfil their missions. However, this Article provided merely for a general, rather than legally specific, Treaty objective for SGEIs.

3. The Commission shall ensure the application of the provisions of this Article and shall, where necessary, address appropriate directives or decisions to Member States. We should note here the innovative approach of the authors of the Treaty of Rome: in order that representatives of different countries with different histories, cultures, and languages understand themselves, they create the expression ‘services of general economic interest’, which pre-existed in no national language or tradition.

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