Service public (France)

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The French term service public roughly corresponds to what is viewed as services of general interest in Germany . As in Germany, the term has a dazzling variety of meanings. It can therefore only be translated imprecisely with services of general interest. In addition, there are national peculiarities that give the terms their own character. In France, services publics are usually understood to mean the goods and services provided by large state monopolies. The term is defined as a "function insofar as it puts the activity of the state in the service of the general public."

In the Treaty establishing the European Community , based on the French term “services publics”, Article 86 (2) speaks of “services of general economic interest”. These are defined as "market-related activities that are performed in the general interest and are therefore linked by the member states with special public service obligations." B. the energy, postal or transport sector understood. However, the terms are not identical in terms of content; services of general economic interest are rather a term under Union law.

The focus of current European legal developments is the liberalization of the areas of general interest that were previously largely protected from competition. After the successful liberalization of the telecommunications sector, that of the postal sector (through the postal directives) is currently in the foreground.

literature

  • Tanja Braum-Schleicher: Services of general interest and public service through public broadcasting: An analysis in the light of the freedom to provide services and the European subsidy system . Writings on European and international law and on comparative law. Volume 22. Verlag Peter Lang. Frankfurt am Main u. a. Zugl .: Frankfurt (Main), Univ., Diss., 2005. ISBN 978-3-631-55028-1 .

Individual evidence

  1. Jan Kuhnert, Olof Leps: European law requirements for a new non-profit housing . In: New non-profit housing . Springer Fachmedien Wiesbaden, 2017, ISBN 978-3-658-17569-6 , p. 213-258 , pp. 230ff. , doi : 10.1007 / 978-3-658-17570-2_8 ( springer.com [accessed February 28, 2017]).