论文部分内容阅读
“公共利益服务”(Services of General Interest,SGI),作为欧盟法律体系中的一个重要概念,其理论体系的进化贯穿整个欧盟法发展过程。在欧盟创立之初,公共利益服务这一理念的设立其实是作为欧盟竞争法规制的一个例外。也就是说,各个成员国在谋求自身公共利益之时,可以借用此理论来规避反不正当竞争法的管制。可是随着欧盟法体系的不断发展深化,特别是阿姆斯特丹协议(Treaty of Amsterdam)签订之后,公共利益服务的概念体系开始扩展。尤其是当“欧盟公民权”(EU Citizenship)开始介入欧盟法体系之后,对公共利益服务这一概念的认识开始从消极的规避条款转变成为应积极推动的义务条款。本文尝试通过对条约规范以及实际案例的解读,来梳理清楚公共利益服务在欧盟法中的发展脉络,同时也会涉及讨论欧盟及其成员国在提供公共利益服务上的权限划分。
“Services of General Interest (SGI), as an important concept in the EU legal system, its theoretical system has evolved throughout the development of the EU law. At the beginning of the establishment of the EU, the establishment of the concept of public interest services was actually an exception to the EU competition law. In other words, each member state can borrow this theory to evade the control of unfair competition law when seeking its own public interest. However, with the deepening of the EU legal system, especially after the signing of the Treaty of Amsterdam, the concept of public interest services began to expand. Especially after the ”EU Citizenship" began to intervene in the EU law system, awareness of the concept of public interest services has begun to shift from negative avoidance provisions to obligatory terms that should be actively promoted. This article attempts to sort out the development of public interest services in the EU law through the interpretation of the treaty norms and actual cases, and also discusses the division of powers between the EU and its member states in the provision of public interest services.