El concepto de servicio público a la luz del derecho comunitario
This article analyzes the concept of public service from the point of view of the Spanish academia and jurisprudence as well as its connection to EU law. In the Spanish national system a strict concept of subjective nature has been established that enters into competition with personal public servi...
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| Format: | Article |
| Language: | Spanish |
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2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5635317 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 200, 2016 (Ejemplar dedicado a: El Derecho administrativo a los 30 años de nuestro ingreso en la Unión Europea), pags. 193-211 |
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| Summary: |
This article analyzes the concept of public service from the point of view of the Spanish academia and jurisprudence as well as its connection to EU law.
In the Spanish national system a strict concept of subjective nature has been established that enters into competition with personal public services. On the contrary, EU law has opted for the liberalization of economic public services that is compatible with the recognition of exceptions to the competition rules regarding services of general economic interest. The EU has also recognized these services of general economic interest as necessary elements to achieve social and economic cohesion.
This work links the stances of the Spanish academia and jurisprudence with the concepts of Service of General Interest (SGI), Service of General Economic Interest (SGEI) and Non-economic Service of General Interest (NESGI) fostered at EU level. |
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