
The course consists of 8 thematic blocks, developed in a synthetic and schematic way to facilitate autonomous self-learning. The lecturer in charge is María Jesús García, from the Department of Administrative and Procedural Law.
The Jean Monnet Chair. Economic Services of General Interest in the framework of social and territorial cohesion has promoted this course and teaching materials with the aim of creating and disseminating the necessary resources so that the contents related to services of general interest and their role in the social and economic integration of citizens and member states are known by the general public and in particular by those public or private agents in charge of providing them with content and effectiveness.
With this purpose in mind, these materials have been prepared under the direction of the lecturer and director of the Chair, María Jesús García, which allow autonomous self-learning through 8 thematic blocks that outline the general lines of the subject. These theoretical contents are complemented with self-assessment materials for each of the thematic blocks designed to consolidate the previous knowledge introduced in each of the thematic blocks.
The dissemination of these contents is carried out online, through the repositories of the Universitat de València, as well as through the website of the Jean Monnet Chair. Economic Services of General Interest in the framework of social and territorial cohesion.
This Chair was awarded by the European Commission in the framework of the Erasmus+ programme, in its 2021 call. It aims to teach, research, network, publish, create and organise dissemination activities that serve to raise awareness of the importance of certain economic activities qualified by their relevance in meeting public needs, as well as by their impact on the social and territorial cohesion of the European Union and its citizens.
- Access to the course and teaching and assessment materials in the 'Training' section of the Chair.
- Thematic block structure:
I. Services of general economic interest (SGEI): Concept and differentiation of related concepts.
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The concept of service of general economic interest.
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From public service to SGEI.
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SGEI and public service. The concept of SGEI as an inclusive concept.
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SGEI and the role of public authorities: from the guaranteeing state to the regulating state.
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SGEI in the context of services of general interest (SGI).
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Concept of SGI and reasons for its inclusion in the Treaties.
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Classes of SGI. a) Services of general economic interest (SGEI) b) Non-economic services of general interest (SGI).
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Classification of SGEI.
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SGEI subject to harmonised regulation.
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SGEI not subject to harmonised regulation: requirements for the declaration of SGEI by states.
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Other classification criteria.
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II. The legal regulation of the SGEI and its powers.
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Primary legislation Its consideration in the treaties.
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Article 86 of the TCCE.
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Single European Act.
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The Treaty of Amsterdam.
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The Lisbon Treaty and the SGEI Protocol.
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Secondary legislation.
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Article 14 of the TFEU and the provision of a Community regulation.
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The need for harmonisation rules: the Directives of the regulated sectors.
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Directives of Services.
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The structure of competences in the field of SGEI.
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Exclusive competences.
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Shared competences.
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The recognition of the capacity of states to declare services of general interest.
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III. The right to economic regulation
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SGEI and the role of public authorities: the regulatory state.
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The institutional structure of SGEI in Spain: the National Markets and Competition Commission.
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Structure and functions.
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Problems of constitutional coordination.
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IV. From public service to the regulated market: the legal regime of exceptions to internal market rules and competition I.
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The subordination of SGEIs to internal market and competition rules.
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Freedom of establishment.
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The free provision of services.
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Competition rights.
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Requirements for exceptions to the application of internal market and competition rules.
V. The regime of exceptions to the rules of the internal market and competition II
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The possibility of establishing monopolies and exclusive rights.
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The granting of special rights.
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The imposition of public service obligations.
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The regime of public grants.
VI. Public-private collaboration in the management of SGEI
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The purpose and basis of public-private collaboration.
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Formulas for public-private collaboration in the management of SGEI.
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The consortia.
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The agreements.
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Mixed companies.
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Private companies: the administrative contracting regime.
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VII. The SGEI and the EU procurement regulations
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General considerations.
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Community Directives on procurement: scope of application.
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Modalities of SGEI provision: criteria for distinguishing between direct and indirect management.
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Legal regime of the contract depending on the type of SGEI.
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SGEI not submitted to harmonised regulation a) General considerations. b) Possible contractual figures and legal regime: differences between service contracts and contracts for the management of services.
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SGEI submitted to harmonised regulation: the regulated sectors.
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A special case of collaboration with the private sector: mixed economy companies.
VIII. Services of general interest submitted to harmonised regulation
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The scope of the regulated sectors.
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The degree of liberalisation of the regulated sectors.
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The regulated sectors as network services.
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The entrance to the market.
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The regulation of access to networks.
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Functioning of the regulated sectors: the new model of public intervention. The regulated sectors in particular.
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The electricity sector.
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The gas.
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The transport.
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The water.
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The telecommunications.
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