The Importance of SGEI in the Post-Lisbon Treaties

摘要: This chapter examines the EU constitutional framework on public services, as reflected in post-Lisbon SGEI. It looks first Article 106(2) TFEU a Treaty provision allowing Member States to retain powers, and second other rules SGEI which have emerged from political debate between 1997 2007. A general analysis of these shows that they open for an Europeanisation promote concept has “voice” service regulation. 14 is prominent element this it contains both principle protection missions legal ground law SGEIs. Both place Treaties its wording suggest interests achieving tasks market integration should be balanced, even field free movement procurement law. The further relationship Union’s “foundational principles” Treaties, particular values Union, respect human rights, democracy identity States, promotion social territorial cohesion. Based analyses, concluded forces CJEU take stance whether may understood broad “public service” primary