Description
Bloomsbury Publishing (UK) A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision by Jarleth Burke
This book offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result Article 106(2) is often presented as a threat to Europe’s public service tradition. This book challenges those shibboleths by using the concept of government failure. The author uses a market feasibility test incorporating the concept of market failure to expose laxity in the review of general interests under Article 106(2).