Social Services of General Interest in the EU

1. Front Matter

   Pages i-xxiv

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2. General Perspectives

   1. Front Matter

      Pages 1-1

      PDF

   2. Introduction

      • Ulla Neergaard, Erika Szyszczak, Johan Willem van de Gronden, Markus Krajewski

      Pages 3-24

   3. Unity and Diversity of SSGIs in the European Union

      • Pierre Bauby

      Pages 25-52

   4. Welfare States and Social Europe

      • Dorte Sindbjerg Martinsen

      Pages 53-71

   5. Social Services of General Interest: The EU Competence Regime and a Constitution of Social Governance

      • Dagmar Schiek

      Pages 73-94

   6. SSGIs and Solidarity: Constitutive Elements of the EU’s Social Market Economy?

      • Malcolm Ross

      Pages 95-119

3. Free Movement Law and Competition Law Perspectives

   1. Front Matter

      Pages 121-121

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   2. Free Movement of Services and the Right of Establishment: Does EU Internal Market Law Transform the Provision of SSGI?

      • Johan W. van de Gronden

      Pages 123-160

   3. Free Movement of Workers and Union Citizens

      • Alina Tryfonidou

      Pages 161-183

   4. Freedom to Fund?: The Effects of the Internal Market Rules, with Particular Emphasis on Free Movement of Capital

      • Leo Flynn

      Pages 185-204

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

      • Ulla Neergaard

      Pages 205-244

   6. Public Distortions of Competition: The Importance of Article 106 TFEU and the State Action Doctrine

      • Piet Jan Slot

      Pages 245-262

   7. Private Distortions of Competition and SSGIs

      • Caroline Heide-Jørgensen

      Pages 263-285

   8. Social Services of General Interest and the State Aid Rules

      • Julio Baquero Cruz

      Pages 287-313

4. Secondary and Soft Law

   1. Front Matter

      Pages 315-315

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   2. Soft Law and Safe Havens

      • Erika Szyszczak

      Pages 317-345

   3. Social Services of General Interest and the EU Public Procurement Rules

      • Elisabetta Manunza, Wouter Jan Berends

      Pages 347-384

   4. Preserving General Interest in Healthcare Through Secondary and Soft EU Law: The Case of the Patients’ Rights Directive

      • Rita Baeten, Willy Palm

      Pages 385-412

   5. The Scope of the EU ‘Pensions’-Directive: Some Background and Solutions for Policymakers

      • Hans van Meerten

      Pages 413-431

The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.

• Liberalisation
• Services of General Economic Interest (SGEIs)
• Social Europe
• Social Services of General Interest (SSGIs)
• Welfare States

• , Faculty of Law, University of Copenhagen, Copenhagen K, Denmark

  Ulla Neergaard

• , School of Law, University of Leicester, Leicester, United Kingdom

  Erika Szyszczak

• , Faculty of Law, Radboud University, Nijmegen, Netherlands

  Johan Willem Gronden

• , Fachbereich Rechtswissenschaft, Universität Erlangen-Nürnberg, Erlangen, Germany

  Markus Krajewski

Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nurem­berg.

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