Access to Services of General Economic Interest Under Article 36 of the Charter of Fundamental Rights EU and the National Law
Abstrakt
European Community law has reflected since the very beginning (TEEC Article 90, section 2) a need to allow preferential treatment of undertakings which, under conditions accessible to everyone, provide services in particular economic sectors or in territorially disadvantaged (remote) areas, i.e. those running at a loss. It allowed for a deviation at the required level from its market rules, e.g. balancing losses from public budgets.
These services of general economic interest (SGEI) impact on fundamental freedoms of the internal market, however, the provision thereof is regulated by national laws or by decisions of public authority at a national level. Differences between national laws were so significant and politically sensitive that they have been moderated through the harmonisation at the EU level only in high-profile cross-border relations, e.g. in the area of electronic communication.