Read e-book online Services of General Interest Beyond the Single Market: PDF

By Markus Krajewski

ISBN-10: 9462650624

ISBN-13: 9789462650626

ISBN-10: 9462650632

ISBN-13: 9789462650633

This is the 1st e-book ever to evaluate comprehensively the impression of european overseas agreements on prone of normal interest.

Services of common curiosity stay excessive at the political and criminal schedule of the eu Union. even if, the debates concerning the impression of european legislations on providers of basic curiosity often concentrate on inner marketplace legislation resembling the unfastened move of prone, festival legislations, nation reduction ideas and the legislations of public procurement. The exterior and overseas dimensions of the eu felony framework for companies of basic curiosity are frequently ignored. This ebook addresses the impression of overseas exchange and funding agreements on public prone and the function those prone play in european exterior kin. It exhibits that the inherent rigidity among constructing and securing undistorted festival on markets and the good judgment of public prone exists in overseas fiscal legislations in a similar fashion as in european inner law.

Given the contentiousness of foreign exchange and funding agreements in addition to the EU’s exterior guidelines, the problems mentioned during this quantity are well timed and appropriate and give a contribution to the continuing debate in regards to the way forward for providers of basic curiosity within the european with clean rules and perspectives.

Markus Krajewski is Professor of Public and overseas legislation on the collage of Erlangen-Nuremberg, Germany.

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52See Howse and Türk 2002, pp. 1, 3 (noting that the exact scope of the Article I:3(b) GATS is ‘far from clear’). 30 A. Arena ‘services supplied in the exercise of governmental authority’ as ‘any service which is supplied neither on a commercial basis, nor in competition with one or more s­ervice suppliers’. The wording ‘on a commercial basis’, according to some legal commentators, should be interpreted as meaning ‘with a view to making a profit’. e. 54 Other authors,55 however, argued that businesses and professional establishments under Article XXVIII:(d) GATS also include juridical persons, which are defined in letter l) of the same article as ‘any legal entity duly constituted or otherwise organized under applicable law, whether for profit or otherwise’ [emphasis added].

Pdf. May 2009. Accessed 20 October 2014. 11See 20 A. 3 National Treatment Article XVII GATS requires WTO members to accord to services and service suppliers of any other Member, in respect of all measures affecting the supply of services, treatment no less favorable than that it accords to its own like services and service suppliers. Several measures employed by national and local governments in respect of public services may come into conflict with that provision. The most relevant example is state aids accorded to public service providers.

Arena ‘services supplied in the exercise of governmental authority’ as ‘any service which is supplied neither on a commercial basis, nor in competition with one or more s­ervice suppliers’. The wording ‘on a commercial basis’, according to some legal commentators, should be interpreted as meaning ‘with a view to making a profit’. e. 54 Other authors,55 however, argued that businesses and professional establishments under Article XXVIII:(d) GATS also include juridical persons, which are defined in letter l) of the same article as ‘any legal entity duly constituted or otherwise organized under applicable law, whether for profit or otherwise’ [emphasis added].

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Services of General Interest Beyond the Single Market: External and International Law Dimensions by Markus Krajewski


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