Table of Contents

Research Handbook on EU Public Procurement Law

Research Handbook on EU Public Procurement Law

Research Handbooks in European Law series

Edited by Christopher Bovis

The Research Handbook on EU Public Procurement Law makes a major contribution to our understanding of the EU public procurement regime, at a time when it is being implemented by the EU Member States, and of the pivotal role that this will play for the delivery of the European 2020 Growth Strategy. The internal market relies on a simplified regime in the European Union, which will result from procedural efficiencies and from streamlining the application of the substantive rules. The Research Handbook has comprehensive thematic coverage which includes: public procurement regulation, strategic procurement, justiciability in public procurement, public procurement and competition and public procurement and public service.

Chapter 10: Public procurement and services of general economic interest

Sarah Schoenmaekers

Subjects: law - academic, european law, politics and public policy, public policy


Public Services (generally identified as Services of General Economic Interest or SGEIs) occupy a vital role in the shared values of the Union: they promote social and territorial cohesion, foster the well-being of people across the EU and make an important contribution to Europe’s economic development. Examples range from large commercial services that are provided to the entire population at affordable conditions (network industries such as postal services, energy security of supply, electronic communication services or public transport) to a wide range of health and social services (such as care for elderly or disabled people). These services are of great importance since they deliver outcomes in the overall public good that would not be supplied – or would be supplied under different conditions in terms of objective quality, safety, affordability, equal treatment or universal access – by the market without public intervention. This definition of SGEIs, which was delivered by the Commission in its 2013 Quality Framework, cannot be found in the EU treaties or in secondary legislation even though the concept appears in Articles 14 and 106(2) TFEU, Protocol No 26 to the TFEU, Article 36 of the Charter of Fundamental Rights of the European Union as well as in numerous Commission decisions, cases decided by the Court of Justice and the two SGEI Packages of the Commission. When a public contract to provide SGEIs is awarded to a company, State aid comes into play. Indeed, public contracts are directly or indirectly attributable to public bodies and are generally financed through state resources.

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