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Public Employment Services and European Law$
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Mark Freedland FBA, Paul Craig QC FBA, Catherine Jacqueson, and Nicola Kountouris

Print publication date: 2007

Print ISBN-13: 9780199233489

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199233489.001.0001

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Competence, Social Policy, and Public Services

Competence, Social Policy, and Public Services

(p.17) 1 Competence, Social Policy, and Public Services
Public Employment Services and European Law

Mark Freedland

Paul Craig (Contributor Webpage)

Catherine Jacqueson

Nicola Kountouris

Oxford University Press

This chapter presents a mainly EC level analysis of the important questions surrounding the regulatory competence of public services in Europe. The analysis points out that public services lie at the crossroads of national and supranational regulatory regimes, each interacting and shaping their functioning directly or indirectly. In this self styled type of ‘shared competence’, the European regulatory level is progressively carving out its space either through direct EC intervention, or indirect regulatory influences by other areas of EC law and policy that affect public services when in the presence of an ‘economic activity’. De-regulatory pressures (mainly in the form of negative integration introduced by the ECJ) and re-regulatory initiatives are also present and are partly limited by competence questions. But perhaps the most interesting findings are those that point out at the cyclical and simultaneous interactions between deregulation and re-regulation, national influences, and EC pressures.

Keywords:   EC regulatory competence, direct and indirect, de-regulation, economic activity, re-regulation

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