Erika Szyszczak

Bio: Erika Szyszczak is an academic researcher from University of Sussex. The author has contributed to research in topics: European union & Competition law. The author has an hindex of 14, co-authored 69 publications receiving 694 citations. Previous affiliations of Erika Szyszczak include University of Nottingham & University of Leicester.

Experimental Governance: The Open Method of Coordination

Abstract: The open method of coordination (OMC) has increased the competence of the European Union to regulate areas where the traditional Community legislative processes are weak, or where new areas require coordination of Member State policy, either as part of the spillover of the integration project as a result of economic and monetary union, or as a result of the case law of the European Court of Justice. The OMC is viewed as an aspect of new, experimental governance, which is part of the response by the EU to regulatory shortcomings. This article explores the normative aspects of the OMC using case studies. The article examines the conditions in which the OMC emerges, the conditions upon which it thrives, and the claims that are made for its effectiveness as a new form of governance.

Time for Renewables to Join the Market: the New Guidelines on State Aid for Environmental Protection and Energy

Abstract: This Article examines the new Guidelines for State Aid for Energy and Environmental Projects in the EU. The Guidelines impose tighter scrutiny on the way the Member States fund such projects, attempting to alter the assumption that there is market failure in these sectors. However, nuclear energy is omitted from the Guidelines and cases such as the Hinckley Point project will continue to be reviewed on a case by case basis.

Developments in Services of General Interest

Abstract: SUMMARY OF CONTENTS Introduction Why Do Services of General Economic Interest Challenge the EU? Erika SZYSZCZAK Part One: General Issues Chapter 1 From Rome to Lisbon: SGEIs in Primary Law Pierre BAUBY Chapter 2 The EC Commission’s Soft Law and Legislative Approach Ulla NEERGAARD Chapter 3 Article 106 TFEU is dead-long live Article 106 TFEU! Tarjei BEKKEDAL Part Two: Specific Issues Chapter 4 The Definition of a ‘Contract’ Under Article 106 TFEU Grith OLYKKE Chapter 5 Social Services of General Interest Johan van de Gronden Chapter 6 Universal Service Obligations and Public Service Obligations in Liberalised Sectors Jim DAVIES and Erika SZYSZCZAK Chapter 7 Public Service Obligations: protection of public service values in a national and European context. Martin HENNIG Part Three: International Perspectives Chapter 8 Public Private Partnerships and Government Services in Least Developed Countries: Regulatory Paradoxes Priscilla SCHWARTZ Chapter 9 Public Service Obligations in EU External Relations Policy Markus Krajewski Conclusion Jim DAVIES List of Contributors Table of Cases Index

The Regulation of the State in Competitive Markets in the EU

Abstract: Preface Table of Cases Table of Legislation 1. The Changing Role of the State and Competitive Markets 2. Article 81 EC 3. Article 82 EC 4. The Regulation of State Monopolies 5. Liberalisation 6. State Aid 7. Services of General Economic Interest 8. Conclusion Bibliography Index

Health Care and EU law

Abstract: The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care. The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, the Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (M. Krajewski et al., eds., The Hague, T.M.C. Asser Press 2009) and is the second publication in a new series: Legal Issues of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services. The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law. Johan van de Gronden is Professor of European law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.

The Path to European Integration: A Historical Institutionalist Analysis

Abstract: Observers of the European Community have criticized “intergovernmentalist” accounts for exaggerating the extent of member-state control over European integration. This article grounds these critici...

Work/family reconciliation, equal opportunities and social policies: the interpretation of policy trajectories at the EU level and the meaning of gender equality

Abstract: There have been major changes in the approach to policy-making in the fields of work/family reconciliation, equal opportunities and social policies at the EU level at the end of the 1990s and the beginning of the 2000s. These fields have been historically closely connected, with a commitment to promoting gender equality marking all of them. However, interpretations of these shifts have been contested for each policy area. This article compares recent policy trajectories in the three fields in terms of ‘framing’ and ‘fit’. It concludes that while no unequivocally linear policy development can be identified in any of the fields, when they are taken together, it is possible to argue that gender equality has been framed more narrowly and more instrumentally than before. The slipperiness of policy meanings and the way in which this may serve to reshape policy priorities is something that has significance for policy development that goes beyond the sphere of gender equality.

Experimental Governance: The Open Method of Coordination

Abstract: The open method of coordination (OMC) has increased the competence of the European Union to regulate areas where the traditional Community legislative processes are weak, or where new areas require coordination of Member State policy, either as part of the spillover of the integration project as a result of economic and monetary union, or as a result of the case law of the European Court of Justice. The OMC is viewed as an aspect of new, experimental governance, which is part of the response by the EU to regulatory shortcomings. This article explores the normative aspects of the OMC using case studies. The article examines the conditions in which the OMC emerges, the conditions upon which it thrives, and the claims that are made for its effectiveness as a new form of governance.