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SGEI in Croatia: The Legal Framework for Economic Necessity

DOI https://doi.org/10.21552/estal/2016/4/10

Marijana Liszt, Vlatka Butorac Malnar


This paper aims to introduce and analyse the regulatory framework of SGEI in the youngest EU Member State - the Republic of Croatia – and thereby contribute to the existing debate on the topic. The paper addresses the Croatian regulatory and policy choices relating to a number of SGEIs from the perspective of State aid law, whereby all publicly available national decisions were analysed against the criteria of the latest EU SGEI Package. The research reveals a lack of clear terminology pointing to a far more complicated issue: conceptual inconsistencies of the legal vocabulary often used interchangeably by the decision-making bodies. This makes it very hard to reconcile the EU notion of SGEI as a universal notion with local national concepts of public services mostly determined by the socialistic heritage of the country on the one hand, and legal tradition regarding matters of public administration on the other. The paper points out the inefficiencies of what is revealed to be a fragmented approach to the topic of public services and their financing, and it also forwards the idea of an all-encompassing legislative reform.
Keywords: Services of General Economic Interest; Public Services; Compatible aid; Croatia.

Marijana Liszt, M.Sc., LL.M (Carlos III de Madrid), Attorney at law at Posavec, Rašica & Liszt, Zagreb; Vlatka Butorac Malnar, PhD, LL.M (Central European University, Budapest), Assistant Professor at the Faculty of Law, University of Rijeka. DOI: 10.21552/estal/2016/4/10

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