Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.

This book examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark. This case changed the direction of how Services of General and Economic Interest (SGEI) should be funded in the EU against a background of liberalisation, and the need for efficiency and global competitiveness. The book examines the European Commission’s response to the Altmark ruling in the measures known as the ‘Altmark-Monti-Kroes Package’ and charts the review of this package from 2009 culminating in a new package of measures, known as the ‘Almunia Package’. The seemingly technocratic idea of a review of the ‘Altmark-Monti-Kroes Package’ could not have anticipated the demanding and changed economic and constitutional context of the EU in 2009. It is in this light that the authors in this book explore in great detail the different components of the new ‘Almunia Package’ of measures introduced in 2011-2012, offering a critical review and highlighting where the future direction of the regulation of SGEI may lead as the EU struggles in an economic climate of austerity to balance a new constitutional dimension of a ‘highly competitive social market economy’ with a modernisation agenda for the single market.

The European Union (EU) was launched as a response to the economic dominance of the United States and – to a lesser degree – the Soviet Union. The nations of Western Europe were too small to compete against large scale and diversi?ed economies on their own. Six countries, eventually expanding to 27 (and counting), took a series of steps toward progressively deeper integration: the removal of int- nal tariffs, the construction of a common external tariff, the elimination of many (but not all) non-tariff barriers leading to a single market, and the adoption of a c- mon currency by 15 of the member states. The EU today equals and even exceeds the U. S. on many key indicators of performance. In the process, two similar but nonetheless divergent models of social and economic life stand in contrast with each other. The U. S. is more committed to capitalism and does little to dilute its harsh edges while the nations of Europe support wider social safety nets and more active regulation of commercial activity to mute the crueller aspects of the free-market. Until recently, the economic dynamism of the U. S. called into question whether the so-called European social model was sustainable in an era of globalization. The EU was slipping in competitiveness and was being challenged by new global pow- houses like China and India. Although the U. S. economy has slowed, there is little indication that European countries are capable of leveraging the situation to their advantage.

The young political states of Central and Eastern Europe are still at the very beginning of their economic development. Against this background, the focus of these countries should clearly be on building up their economies. And within this context some key mistakes, that may be very difficult to revert under certain conditions, need to be avoided from the start. Eastern Europe should concentrate on the future and learn from the economic past of Western European countries, so that mistakes formerly made will not be embraced and cultivated. But moreover, even at this point we are faced with the question if the classic model of the social market economy can still be considered valid in the light of some promising new concepts and approaches, which offer detailed propositions.