Johan van de Gronden – författare

In considering either the EU Services Directive or WTO rules on services, it is clear that the goal in each case is the same: the removal of obstacles to the free movement of services. However, a number of formidable forces – including the anti-globalisation movement, other civil society groups, and some EU Member States – have raised concerns regarding the effect of liberalization of services on the quality and availability of public services such as health care and education, and the compatibility of such liberalization with social policy objectives. Thus it is clear that the central question at both EU and WTO level is how to balance the proper functioning of the services market and the realization of general interest issues.

This book, which is the outcome of a 2006 conference organized by the Europa Institute of Utrecht and edited at the Radboud University Nijmegen, makes a major contribution to improving the understanding of services liberalization and its limits in both the scholarly and public debate. Eleven well-known authorities in European and international (economic) law deal incisively with such crucial issues as the following:

the influence of the EU Services Directive on the national legal orders of the Member States;the relationship between EU law on the liberalization of services and fundamental rights;the case law of the ECJ on services of general economic interest;prospects for harmonization of services of general economic interest at EU level;the impact of public procurement law on services;interrelation of WTO rules and the EU law on services; andhow public interest issues are accommodated in WTO law.

It is surprising that, as the services sector plays a major role in Europe’s economy, legal scholarship in this area is so sparse. This in-depth examination of tensions emerging between the goals of the European market and general interest objectives at the level of the Member States fills an important need for lawyers, policymakers, officials, and academics striving to clarify and formulate effective principles and rules in this important area of the European and global economies.

The European Legal Framework for the Provision of Services of General Interest/Public Services has been in a state of transformation since the early 1990s, causing profound effects on the social and economic policies pursued by the Member States. This examination of the impact of EC internal market, competition, state aid and procurement law on the provision of these services focuses in particular on the fields of health services, social services and local public services.It comprises horizontal studies on these subjects which take into account the most recent case law and community legislation from the European Court of Justice, and includes country reports from ten different Member States.The authors of the individual contributions are well-known experts in their fields. This book is of great interest to academics, practitioners, government officials and policymakers dealing with EC affairs.Markus Krajewski is a guest Professor at the University of Bremen, Germany and on leave from the University of Potsdam, Germany. Ulla Neergaard is a Professor of EU Market Law at the University of Copenhagen, Denmark. Johan van de Gronden is a Professor of European Law at the Radboud University, Nijmegen, The Netherlands.

This book is a follow-up to The Changing Legal Framework for Services of General Interest in Europe — Between Competition and Solidarity. The contributions in the current book take stock of the developments regarding such services. Furthermore, key concepts and principles relevant to contemporary issues are explored. Confirming the significance of Services of General Interest (SGIs) in EU law, the earlier volume concluded that the concept contributes to shaping a framework for the functioning of public services that balances the benefits of competition with the principles of solidarity. This volume aims to take stock of and critically assess recent noteworthy developments. To that end, the analysis focuses on developments in healthcare, digitalization, and sustainability.Over the years, numerous SG(E)I cases have emerged in the healthcare sector, reflecting its central role in national social welfare systems, while the digitalisation transition has also significantly impacted modern societies, not expcepting SGIs. In light of the pressing global challenges, sustainability is now a key priority, and its implications for SGIs are likewise examined.This edited volume is aimed at academics, practitioners, government officials and policymakers dealing with EU affairs.Narine Ghazaryan is an Assistant Professor of International and European Law in the Department of International and European Law of the Faculty of Law of the Radboud University, Nijmegen, The Netherlands.Johan van de Gronden is a professor of European Law in the Department of International and European Law of the Faculty of Law of the Radboud University, Nijmegen, The Netherlands and State Counsellor in extraordinary service at the Dutch Council of State.Simon Tans is a Lecturer in Environmental Law at the Law Group at Wageningen University, Wageningen, The Netherlands.Marc Veenbrink is an Assistant Professor of European Law in the Department of International and European Law of the Faculty of Law of the Radboud University, Nijmegen, The Netherlands.