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Public infrastructure services (or Services of General Economic Interest, SGEI) in the European Union have undergone significant reform in the recent period, including privatization, liberalization and deregulation. These reforms, however, have led to concerns about the potential impact of pursuing economic profitability over service quality, affordability, accessibility and universality. Traditionally, because SGEI have been understood as playing a key economic, social and strategic role, they have been subject to specific rules in the general interest: so-called Public Service Obligations (PSO). A key objective of PSO is to ensure equal access to services, independent of the place of residence, income or other factors. PSO are, therefore, a key instrument as regards ensuring equity and territorial cohesion. As such, it constitutes a fundamental concern in European regional policy. Traditionally, the regulation of SGEI has focused on the supply side, as it has been assumed competition in an integrated European market would benefit citizens. Despite this, little research has actually been done on evaluating regulation from the demand side, not to speak of applying a regional focus. The aim of this paper is to evaluate SGEI provision and regulation in the EU from the perspective of citizens as consumers using a regional perspective. We focus on the region (NUTS1) and the urban/rural character of the place of residence as possible determinants of disparities. To do so, a microeconometric analysis of citizens' revealed and stated preferences is performed, focusing on three large European countries (Italy, Spain and the United Kingdom) for four services: electricity, gas, water and telecommunications. First, disparities in spending on the services are analyzed, using National Household Budget Surveys. Next, differences in dissatisfaction with service access and price are analyzed, using the Eurobarometer. Finally, we analyze whether lower consumption of a particular service in a particular region or rural area is related to problems of accessibility, affordability or to other factors. Findings show different regional patterns of services use. Moreover, serious and widespread problems are observed regarding equal access to services such as gas and telecommunications in rural areas, of some concern for the question of territorial cohesion.
The elements of infrastructure – roads, transportation, electricity, water, communications, schools, hospitals – are so ingrained in the fabric of daily life that few people give a second thought to who provides them, and how. Yet, they are controlled by an extensive and complex regulatory system. Moreover, the EU’s State aid modernization plan has made infrastructure a crucial aspect of competition law. How did EU State aid law turn into regulation on whether a city can build a new airport, or how it may operate a school? And what do the rules actually mean for infrastructure funding? These are the questions this book, the first comprehensive guide to EU State aid law in this key sector and a major contribution to the debate on the topic, seeks to answer. In its thorough review of the legal literature as well as relevant legislation and case law, this book covers such aspects of the infrastructure-State aid nexus as the following: – role of infrastructure in competition law; – infrastructure funding as aid and its compatibility with the internal market; – impact on land development and other ongoing activities; – sector-specific impact of State aid regulation on the design of infrastructure projects; – risk management; and – newer infrastructure sectors such as sports and cultural and healthcare projects. At many points in the presentation, the case-by-case analysis provides individual appraisals. In addition to focusing on the complex rules and how they have been interpreted in the decisional practice of the Commission and in the EU case law, this book provides deeply informed proposals for reform. This is a key work in a field of EU law that has developed and changed dramatically in recent years. It is sure to be of immeasurable value to practitioners and jurists in State aid law, competition law, and public procurement, as well as market actors (aid beneficiaries and competitors), policymakers, government officials, and business persons in these fields.
Regulation of public infrastructure has been a topic of interest for more than a century. Yet, little is known about what works and why, when it comes to infrastructure regulation. This book intends to contribute to the understanding of infrastructure regulations by analyzing empirical cases in telecommunications, electricity and water, with examples drawn from a number of countries in Asia and beyond. The book addresses the following questions: Does regulation work? What kind of regulation works? What kinds don't work? Why do some forms of regulation work and not others? How do we know whether they work or not? How do we isolate the effects of different political, economic and legal contexts? Are there systematic differences across infrastructure sectors that necessitate particular regulatory design? It brings together distinguished scholars and practitioners who are experts in the area to address essential issues in regulation through conceptual and empirical studies.
This casebook is an effort to explain infrastructure markets from a unique perspective: regulation. Regulation means the analysis of two main groups of laws, namely internal market and antitrust law. The aim is to find a uniform regulation applicable to infrastructures in the European common market through a direct reading and explanation of judicial opinions. The book is divided into five parts: two general chapters and three thematic chapters. The first chapter is an introduction to the main European law principles applicable to infrastructure markets. The second chapter applies the Services of General Interest doctrine to infrastructure markets: The key issue is the separation of the public administrations and the private companies operating infrastructures. The thematic chapters focus on seaports, railways and airports, respectively. The core of the examination is a dual perspective dealing with both the internal market rules and ensuring fair competition.
External Dimension of the European Union’s Critical Infrastructure Protection Programme: From Neighboring Frameworks to Transatlantic Cooperation provides the basis, methodological framework, and first comprehensive analysis of the current state of the external dimension European Programme for Critical Infrastructure Protection. The challenges at the EU level are multidimension insofar as identifying, designating and protecting critical infrastructures with the ultimate goal of harmonizing different national policies of the Member States and creating the identity of the European Union in this arena. Modern society has become so reliant on various sectors of critical infrastructure—energy, telecommunications, transport, finance, ICT, and public services—that any disruption may lead to serious failures that impact individuals, society, and the economy. The importance of critical infrastructures grows with the industrial development of global and national communities; their interdependence and resiliency is increasingly important given security threats including terrorism, natural disaster, climate change and pandemic outbreak In the area of Critical Infrastructure Protection and Resilience, the European Union is constantly committed to setting the objectives for the Member States. At the same time, the European Commission promotes the importance of a common approach to Critical Infrastructure Protection (CIP), and ensure cooperation beyond the borders of the Union, while also cooperating with neighboring countries, including those soon willing to join the European Union. This book has been structured and written to contribute to current critical infrastructures, resilience policy development and discussions about regional and international cooperation. It serves as a reference for those countries willing to initiate cooperation and that therefore demand deeper knowledge on the security cultures and frameworks of their potential partners. Features: Provides an unprecedented analysis of the national frameworks of 14 neighboring countries of the EU, plus the United States and Canada Overcomes the language barriers to provide an overall picture of the state of play of the countries considered Outlines the shaping of national critical infrastructure protection frameworks to understanding the importance of service stability and continuity Presents guidelines to building a comprehensive and flexible normative framework Addresses the strategic and operational importance of international co-operation on critical infrastructure including efforts in CIP education and training Provides insight to institutions and decision-makers on existing policies and ways to improve the European security agenda The book explains and advocates for establishing stronger, more resilient systems to preserve functionalities at the local, national, and international levels. Security, industry, and policy experts—both practitioners and policy decision-makers—looking for answers will find the solutions they seek within this book.
Public infrastructure services have been subject to dramatic regulatory reform since the 1980s in the European Union, particularly privatization, at the national level, and increased liberalization and deregulation, via the Single Market Programme. Despite this ambitious reform programme, there are signs that regulation is not always working. The Commission itself has recognised the limits of reform undertaken so far. Recently, it drew up a list of 23 sectors which were both crucial for economic growth and significantly “malfunctioning” in the Single Market. This list included major public infrastructure services - energy, gas, telecommunications and transportation. Work is ongoing to identify the causes of this “malfunctioning” and it is intended that new regulation will be implemented to improve this situation. As part of efforts to make these markets perform better, policy-makers are turning their attention to better understanding the consumer. Previously, regulation was usually based on that economic theory which assumed consumers were rational and selfish, but this is now being questioned using insights from Behavioural Economics. The Directorate General for Health and Consumers is moving towards a more eclectic approach to economics. In this light, this paper analyses regulatory reform of public infrastructure services from a user-consumer perspective. Stated (derived from Eurobarometer) and revealed (Household Budget Survey) preferences of consumers as regards public services are analyzed with a view to better understanding consumer behaviour. By contrasting stated and revealed preferences, new insight into consumer behaviour can be gained for use in the design of future regulation of infrastructure services in many countries world-wide. The new evidence generated can be used as a basis for the development of new consumer or user-related regulation.
Public institutions, companies and governments in the EU and around the world are increasingly engaging in sustainable public procurement – a broad concept that must consider the three pillars of economic equality, social welfare and public health and environmental responsibility when designing public tenders and finalizing government contracts. This book contributes to the development of life-cycle criteria tools and methodologies for public procurement in the EU. It collects both sector-crossing contributions analysing the most relevant theoretical and legal aspects, including both EU law and contract theory, and sector-specific contributions relating to some of the most important sustainable goods and services markets. The book starts with a chapter that discusses the different approaches to including sustainability considerations in buying decisions by both private and public purchasers, and then goes on to examine the EU law on LCC and how it is implemented in different Member States. These chapters address the challenges in balancing economic and sustainability objectives under EU internal market law. One chapter develops the analysis with specific reference to public-private partnership. Another chapter elaborates how multi-stakeholders’ cooperation is necessary to develop LCC, based on a case study of a lighting services procurement. Three sector-specific studies relating to social housing, textile and clothing and IT close the book. With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.
Network industries such as electricity, gas, rail, local public transport, telecommunications and postal services are recognised by the EU as crucial for fostering European social and territorial cohesion. Providing an overview of key policy reforms in these industries and an empirical evaluation, this thought-provoking book offers a critical perspective on the functioning of the networks that provide vital services to EU citizens.
In view of the fact that public infrastructure, health and other services are being more consistently delivered through Public-Private Partnerships (PPPs) and concessions; this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers that PPPs have become increasingly prevalent following the financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many.
This paper describes the characteristics of public investment management (PIM) in seven EU countries as it applies to a single sector transport infrastructure. The report highlights some of the common challenges that four relatively new EU member states Poland, Slovakia, Slovenia, and Latvia face as they plan and execute their transport infrastructure projects. It recognizes the importance that EU-mandated processes and procedures have in shaping national systems in the new member states (NMS), but the report finds that actual practices often fall short of EU goals due to capacity constraints, weak institutional structures, and other factors. The experiences of the NMS are compared with those of more developed economies (namely Spain, the UK, and Ireland) to assess whether the later countries have faced similar challenges in managing public investment, and if so, what measures they have adopted to overcome them. This comparative analysis serves to draw out several good practice examples that are relevant for all countries. How those practices are applied in each country is a matter for further study, as each country considers its own political culture and administrative tradition. This paper is a first step toward building dialogue among public finance practitioners in Central and Eastern Europe on how to make public investment projects more effective and efficient over the long term.