SERVIZI DI INTERESSE ECONOMICO GENERALE E DIRITTO DELLA CONCORRENZA NELL'UNIONE EUROPEA

My dissertation deals with the topic of Services of general economic interest (SGEIs) in the European Union. The research is mainly focused on competition and State aid law aspects, in order to understand whether and to what extent an economic activity carried out by an undertaking entrusted with a public mission can be exempted from the application of competition law rules. The thesis primarily focuses on the definition of “Services of general economic interest”, which differs from the national concepts of “public service”. After an analysis of the pertinent case-law, it will be held that such a notion represents a balance between economic and social concerns on one hand, and between national and EU competence on the other. The dissertation then proceeds to examine the State aid rules applicable to SGEIs: it will deal in particular with the conditions of admissibility of public funding in this sector, as set out by the Court's case-law and by the Commission’s decision making practice. Lastly, in the final part of the dissertation, the new Treaty legal basis relating these services will be analyzed, in order to understand whether a greater attention to social aspects has developed (or should develop) in this field.