El concepto de servicio público a la luz del derecho comunitario

Authors

  • Joaquín Tornos Mas

DOI:

https://doi.org/10.18042/cepc/rap.200.10

Keywords:

Publication, services of general interest, services of general economic interest, non economic services of general interest, public services

Abstract

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.

Issue

Section

STUDIES