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Access to services of general economic interest in Article 36 of the Charter of Fundamental Rights EU

Publication at Faculty of Law |
2011

Abstract

The Treaty of Lisbon established the competence of the European Union for the determination of economic and financial principles and conditions, under which Member States grant an access to services of general economic interest. The aim was to reduce the uncertainty connected with the exemption of providers of these service from Union rules on competition (Art. 106 para 2 TFEU).

Herewith the access to these services in Art. 36 Charter of Fundamental Rights has not been facilitated, since it remains a political postulate for law-making, rather than an individual right enforceable by the judiciary.