Read A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (Hart Studies in Competition Law)

A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (Hart Studies in Competition Law)

Jarleth Burke

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Description:A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest. The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as an existential threat to Europe's service public tradition. This book challenges those shibboleths by using the concept of government failure. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complimenting that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it presents no general interest directed threat to the delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (Hart Studies in Competition Law). To get started finding A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (Hart Studies in Competition Law), you are right to find our website which has a comprehensive collection of manuals listed.
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ISBN: 1509912738

Description: A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest. The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as an existential threat to Europe's service public tradition. This book challenges those shibboleths by using the concept of government failure. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complimenting that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it presents no general interest directed threat to the delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (Hart Studies in Competition Law). To get started finding A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (Hart Studies in Competition Law), you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (Hart Studies in Competition Law)

A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision (Hart Studies in Competition Law)

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