April 23, 2008
The current treatment given to the provision of economic services of general interest is too decentralised. It must be the EU who legislates the provision of these services. In addition, and if necessary, the EU will override the powers, and the opposition, of the Member States in issues of general interest to all EU citizens.
In addition, we cannot allow that an incorrect interpretation of the principle of subsidiarity leaves in the hands of member States certain services which are only effective if they operate across borders.
The technical justification for the above is as follows:
The current Art. 14 TFUE maintains the purely aspirational and reductionist language of past versions of EU Law primary sources, Art. 16 TEC, and the never-passed III-122 of Rome-II. In particular, it is not sufficient to state that the EU will merely “take care” of the effective functioning of these services.