Liberalisation
Legislation
The term liberalisation refers to Article 3 of the EC treaty which states that the "activities of the Community shall include (...) g) a system ensuring that competition in the internal market is not distorted". For this purpose, Article 86(3) of the EU Treaty entrusts the Commission with a specific surveillance duty "in the case of public undertakings and undertakings to which Member States grant special or exclusive rights". The Commission must "where necessary, address appropriate directives or decisions to Member States" which enact or "maintain in force any measure contrary to the rules contained in the Treaty, in particular to those rules provided for in Article 12 and Articles 81 to 89".
The Commission may adopt directives or individual decisions under Article 86(3)
The Commission is under no obligation to take decisions under Article 86(3) since this provision mentions that it should take such decisions only "where necessary", leaving full discretion to the Commission to assess the necessity of adopting a decision.
In this regard, Article 86(2) of the Treaty introduces an exception to the application of the rules of the Treaty when the latter would obstruct the provision of "services of general economic interest". However, even where this exception applies, special rights must not go beyond what is necessary for the performance of that service.
Relevant Articles from the Treaty establishing the European Community
Sectoral legislation
Services of General Economic Interest (SGEI)
|
