Public Services and the European Union


Laura. Nistor
Bok Engelsk 2011 · Electronic books.
Annen tittel
Utgitt
Hague : Springer , 2011
Omfang
1 online resource (450 p.)
Opplysninger
Description based upon print version of record.. - Public Servicesand the European Union; Preface; Table of Contents; 1 Introduction; The Subject of Study; The Structure of the Book; References; 2 The Organisation of Welfare; 2.1...Introduction; 2.2...The Meaning and Origin of Welfare States; 2.3...Different Welfare Regimes; 2.4...Bismarckian versus Beveridgian Health Systems; 2.5...Education; 2.6...Conclusion; References; 3 The Reach of Internal Market Rules; 3.1...Introduction; 3.2...The Impact of the Free Movement of Services; 3.2.1 Introduction. - 3.2.2 Defining the Notion of Services: Are Health, Health Insurance and Education Services Within the Scope of the Treaty?3.2.2.1 Health and Education: Specific Characteristics; 3.2.2.2 The Court's Interpretation of the Notion of Service: A Step-by-Step Approach; 3.2.2.3 Distinguishing the Free Movement of Services from Other Treaty Rules; 3.2.2.4 Remuneration; 3.2.2.5 Public versus Private; 3.2.2.6 Hospital and Non-Hospital Services; 3.2.2.7 Social Security; 3.2.2.8 Different Organisation Forms; 3.3...The Impact of Establishment Rules on Welfare Services; 3.4...Free Movement of People. - 3.5...Justifying Restrictions3.5.1 Introduction; 3.5.2 Types of Justifications; 3.5.2.1 Justifications Related to Economic Aspects; 3.5.2.1.1‡Economic Justifications; 3.5.2.1.2‡The Financial Balance of the System; 3.5.2.1.3‡The Maintenance of a Balanced Service Open to All; 3.5.2.1.4‡Preventing Abuse of European Union Law; 3.5.2.1.5‡The Cohesion of the Tax System; 3.5.2.2 Justifications Related to Non-Economic Aspects; 3.5.2.2.1‡The Homogeneity of the System; 3.5.2.2.2‡Safeguarding the Essential Characteristics of the System; 3.5.2.2.3‡Safeguarding Public Health. - 3.5.2.2.4‡Quality of the Service, Consumer Protection3.5.2.2.5‡National Values and Interests; 3.5.2.2.6‡Public Policy; 3.5.3 Proportionality; 3.6...Conclusions; References; 4 The Application of the Rules on Competition; 4.1...Introduction; 4.2...The Concept of Undertaking; 4.2.1 Public--Private Entities; 4.2.2 The Nature of the Service: Social Function; 4.2.3 The Solidarity Principle; 4.2.4 Lack of Intention to Make Profit; 4.2.5 The Level of State Control; 4.2.6 Upstream Market--Downstream Market; 4.2.7 The Presence of Economic Elements; 4.2.8 Universities as Undertakings. - 4.2.9 The Mix of Economic and Non-Economic4.2.10 Conclusions; 4.3...The Application of Article 101 TFEU (ex Article 81 EC); 4.3.1 Defining the Market; 4.3.2 State Intervention: Effect Utile/State Action Defence; 4.3.3 Rule of Reason/Ancillary Restraints; 4.3.4 Different Types of Restrictions; 4.3.4.1 Price Fixing; 4.3.4.2 Market and Customer Sharing; 4.3.4.3 Restrictions of Output; 4.3.5 Exceptions; 4.3.5.1 Goals Pursued; 4.3.5.2 National Interest; 4.3.6 Conclusion; 4.4...The Application of Article 106 TFEU (ex Article 86 EC); 4.4.1 Introduction. - 4.4.2 Granting of Exclusive Rights: Illegal per se?. - Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected.
Emner
Anthropology, Education, Sociology and Social Phenomena
Delivery of Health Care
Government Regulation
Health Care
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Dewey
ISBN
9789067048040

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