Chapter

Competence, Social Policy, and Public Services

Mark Freedland, Paul Craig, Catherine Jacqueson and Nicola Kountouris

in Public Employment Services and European Law

Published in print September 2007 | ISBN: 9780199233489
Published online January 2009 | e-ISBN: 9780191716324 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199233489.003.0002

Series: Oxford Studies in European Law

 Competence, Social Policy, and Public Services

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This chapter presents a mainly EC level analysis of the important questions surrounding the regulatory competence of public services in Europe. The analysis points out that public services lie at the crossroads of national and supranational regulatory regimes, each interacting and shaping their functioning directly or indirectly. In this self styled type of ‘shared competence’, the European regulatory level is progressively carving out its space either through direct EC intervention, or indirect regulatory influences by other areas of EC law and policy that affect public services when in the presence of an ‘economic activity’. De-regulatory pressures (mainly in the form of negative integration introduced by the ECJ) and re-regulatory initiatives are also present and are partly limited by competence questions. But perhaps the most interesting findings are those that point out at the cyclical and simultaneous interactions between deregulation and re-regulation, national influences, and EC pressures.

Keywords: EC regulatory competence; direct and indirect; de-regulation; economic activity; re-regulation

Chapter.  19078 words. 

Subjects: EU Law

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