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EU Law on SGEIs - Essay Example

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EU Law on SGEIs

It is evidently clear from the discussion that Article 106(2) TFEU was a provision that allows regulatory measures that derogate from Treaty rules that invoke it by necessity to enable undertakings that are entrusted with services of SGEIs that fulfill their obligations. SGEI is a constitutional concept in EU law where it is subject to articles of Article 14 of TFEU, and it is subject to the Protocol of SGEIs. SGEI is considered as services that allow balancing of the EU market integration in pursuit of legitimate national policies that are associated with public services. It can also be considered as a political concept where its legal interpretation becomes sensitive. SGEI cannot be contrived to be a narrow concept of the EU competition law that is understood as a public service concept that involves public authorities, undertakings, and public service obligations. CJEU understanding of SGEI in its EU concept is regarded from the Hirschman’s theory that talks of exit, voice, and its background in case law. It exits from market rules in EU for purposes of public services and identifying SGEI voice that has enabled it to the Treaties. CJEU notions of public service obligations and tasks are regarded as using the Treaty SGEI laws effectively without showing their political use in the Institution of Europe and all signatories. SGEI competence lays with members states, therefore, implementation and funding depend on them. Obligations of public service refer to services of a certain kind that benefit certain services for the benefit of consumers and companies. Such obligations include commercial and nonprofit services with service producers where the public authorities that are entrusted with public service obligations. Services that are beneficial and are of public benefit are regulated as service for the public with obligations. Member states impose public services obligations that are enforced and fulfilled by the private and public companies and this establishes the difference provided by such public authorities. If the service is for economic general interest application of Community law is applied by, member states as the competition rules and state aid rules and rules of public procurement. ...Show more

Summary

This essay looks at the EU law on SGEIs and analyzes whether the law strikes a balance between the provision of public services and the law on competition in the internal market. It will define what SGEIs are and be funding from the State aid…
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