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Social Security Schemes and the Application of EU State Aid Law journal article

Aleksander Maziarz

European State Aid Law Quarterly, Volume 20 (2021), Issue 2, Page 240 - 248

The aim of the article is to analyse conditions of application of EU State aid rules to social security schemes. First, the article will focus on conditions that classify activity of social security schemes as non-economic activity. Moreover, conditions determining that a scheme is based on the principle of solidarity will be analysed. Thirdly, the article will analyse how to classify a scheme when its activity is both based on the principle of solidarity and also has economic nature. The last part of the article will analyse the most recent case concerning State aid in the context of social security schemes - Dôvera zdravotná poistʼovňa v Commission. Keywords: social security schemes; economic activity; solidarity principle.


Services of General Economic Interest: Towards Common Values? journal article

Aleksander Maziarz

European State Aid Law Quarterly, Volume 15 (2016), Issue 1, Page 16 - 30

The aim of the article is to analyse the concept of services of general economic interest (SGEI). It tries to answer the questions whether there are common values for such services and whether such services can be universally defined. Such analysis starts with concepts that originated with the European lawmaker when it introduced SGEI. Later, the article focuses on the rationale for introducing this concept. The main part of the article analyses the EU case law concerning different sectors of the economy, in which specific services were recognized as SGEI to find some common values that such services share. In the end, the article focuses on the limitations of the Member States’ freedom to determine such services. Keywords: Services of General Economic Interest; Public Services; State Monopolies; Special and Exclusive Rights.

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