Principles of Public Economic Law : The Role of the State in the Economy under the Influence of the European Union

Abstract

          Public economic law is a law of great importance, especially in modern states where the state plays a significant economic role. Currently, administrative cases pertaining to public economic law are frequently brought before the Administrative Court, necessitating the application and interpretation of principles that safeguard free competition and uphold the concept of public service. The latter involves the provision of economic services for the people, often referred to as “les services d’intérêt économique général (SIEG)”. Studying the principles of French public economic law, which have developed over a long period of time, will provide a better understanding of the history of public economic law, especially by studying the judgments of the European Union courts. The judgments of the EU courts reflect the application of the law and the delicate balance they strike between the principles of free competition and those of public service. In particular, the 2003 decision by the Court of Justice of the European Community in the Altmark case established a precedent. In this landmark ruling, the Court laid down essential conditions that would enable member states to engage in economic activities without contravening the Treaty on the Functioning of the European Union, which lies at the core of the European Union and outlines its general principles concerning trade competition.