ABSTRACT

This chapter aims to analyse the extent to which social rights are protected and promoted under Article 106(2) TFEU, in particular under the notion of Services of General Economic Interest (SGEI) included therein. It focuses on the so-called Social Services of General Interest, particularly on those that have an economic nature, namely, the Social Services of General Economic Interest (SSGEI). The chapter analyses the main tenets of the definition of SSGEI under Article 106 TFEU, namely, its economic nature and its social purpose, having regard to the relevant case law of the CJEU and to the applicable EU secondary law. It examines the advantages of defining a service as SSGEI in light of the 2011 Commission Decision and the relevant case law of the EU Courts. The term social service of general interest consequently covers both economic and non-economic activities.