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PL
Usługi użyteczności publicznej stanowią zasadniczy element modelu europejskiego, służąc polepszeniu jakości życia i przezwyciężeniu społecznego wykluczenia i izolacji. Pozostają również w centrum publicznej debaty co do roli, jaką w gospodarce rynkowej odgrywają władze publiczne państw członkowskich i instytucje Unii Europejskiej. Kompetencje i obowiązki określone przez Traktat oraz unijne rozporządzenia i dyrektywy podkreślają zasadniczą rolę i szeroki zakres swobody krajowych, regionalnych i lokalnych organów władzy w definiowaniu, organizowaniu, finansowaniu i monitorowaniu usług użyteczności publicznej. Jednocześnie prawo unijne wyposaża Komisję Europejską w liczne instrumenty mające zapewnić zgodność procesu organizowania i finansowania tego typu usług z ogólnym reżimem prawnym Unii – tak, aby uczynić je kompatybilnymi z jej rynkiem wewnętrznym i zapobiec zakłóceniu konkurencji. Artykuł wskazuje na rozbieżności w punktach widzenia władz publicznych i Komisji na ich rolę oraz podział odpowiedzialności i władzy w tym procesie.
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EN
The transformation of Polish society and economy over the last two decades is also reflected in the process of the press market becoming mature. The segments of this market transform assuming a strong market economy character. New dominating players emerge representing both domestic and – increasingly often – foreign capital. The foundation and expansion of the Agora Group, the publisher of „Gazeta Wyborcza” inspires peculiar common interest (or even fascination). It is usually presented rather one-sidedly as a Polish version of an American „rags-to-riches” story. The organizational and financial aspect of the Group operations is usually neglected or oversimplified. This paper was written in the first quarter of 2004. It tries to show the publisher of „Gazeta Wyborcza” not with respect to its media mission but to its economic aspect. The management board of this business outlines and tries to implement a certain strategy. However, in doing so they apparently fail to avoid considerable errors and threats.
EN
As a general rule, according to the Treaty any aid granted by a EU member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between member states, be incompatible with the internal market. However, under the state aid rules, public authorities are at liberty to finance services of general economic interest as they see fit, provided that such compensation does not go beyond what is necessary to ensure that the SGEIs are performed under economically acceptable conditions. Despite changes in EU law aimed at clarifying and simplifying the applicable rules public authorities providing public service compensation violate the competition rules as often as before.
EN
The two possible broad EU legislative approaches to achieving more harmonization between Member States are a series of sector-specific directives, or what is called a “horizontal framework Directive” which sets out broad framework principles which apply to all the areas within its scope. The European Commission expresses full conviction that EU legislation must rely to much greater extend on a horizontal approach applying across all sectors as the one giving fresh impetus to regional integration. However, almost all Commission’s decisions to propose a horizontal directive meet with a mixed (or even negative) reception in the Parliament and in Member States as in their opinion a sector-specific legislation better complies with procedures and practices in each country and keeps alive diversity in the Union. Diverging views in the EU about the above approaches and problems with finding a consensus are well reflected in the sector of services of general economic interest being essential for ensuring social and territorial cohesion and for the competitiveness of the European economy. The organization of these services varies according to cultural traditions, the history and geographical conditions of each Member State and the characteristics of the activity concerned. In the common opinion of authorities of Member States the existing sector-specific EU rules take due account of the diversity that characterizes different services of general interest and the situations in which they are provided. They support such an approach as a right way to respect the roles of national, regional and local authorities in ensuring the well-being of their citizens and in guaranteeing democratic choices. The added value of a horizontal framework as compared to the sector-specific approach followed so far has not been demonstrated, they say. That means there is no reason to bestow the European Commission with additional powers. The powers currently conferred on the Community with regard to services of general interest are appropriate and sufficient in order to ensure that well-functioning services can be maintained and developed throughout the Union. According to the European Commission consolidation of the Community acquis should be based on common elements of existing sector-specific legislation. Without prejudice to these rules, a horizontal approach will be considered with regard to a number of specific issues, such as consumers’ interests, the monitoring and evaluation of services of general interest, the application of state aid rules to financial compensation or the use of structural funds for the support of services of general interest. That would help to ensure overall consistency of approach across different services of general interest sectors. As a framework instrument as a basis setting out common objectives and principles would be general in nature and would also have its limitations it should be complemented by sector-specific legislation laying down more
EN
The paper is a case study. Using the example of German company: Axel Springer Verlag, the author describes a certain principle which shows that the area of Central and Eastern Europe attracts the attention of small and medium sized companies as well as huge corporations. These companies are changing their strategies and are engaging in a belated „internationalization” of their activity, which has been suffocated in their national markets and has thus led them to search for new areas of domination. Although they are potentially capable of bearing the cost of efficient entry into the mature markets of Western Europe, they prioritize investments in the developing markets. Axel Springer Verlag is a powerful media corporation that has been deeply rooted in the mature and highly stabilized German mass media market for a very long time. Yet instead of using its full potential to radically enhance its position in France or in Spain, the corporation has decided to commence a global conquest of the highly unpredictable markets of former socialist countries.
EN
The paper deals with entry barriers induced by public aid and actual monopoly in a given market segment. The EU law on competition constitutes the subject, being seen, however, from economic perspective, which is the method of law and economics. The focus are universal services which seem to be extremely vulnerable to the monopolization of public procurement and to unfair state aid, and to rent seeking as well. The overview of legal foundations reveals the EU regulations are too soft to bring a solution to these problems. Additionally, the soft stance of EU institutions by no means makes the situation sounder. As far as universal services are concerned, the member states are free to choose agents, with constraints imposed by the EU being of definitely general nature and the rationale for this saying that these services need to be delivered even on non-profit basis if necessary. Here, we see the EU aiming at two trade-offs that is liberalization on the one hand and mission of the efficiently performed universal service on the other hand. On the EU level common rules of providing universal services are made which are to be implemented on the national level. According to the European Commission, such “division of labour” allows an action which is suitable to peculiarities of every member state. In practice, such elasticity provokes national public bodies to moral hazard. This constitutes an actual challenge for common policies in the sake of gradual and controlled liberalization. There is a prolonged conflict between member states and the EU institutions concerning the issue in which direction rules in this field should be developed. The market segment under scrutiny, precisely market for universal services, reveals how controversial role in single-European-market building may be played by big companies. Most member states are prone to prefer agents vested in their countries. This peculiar alliance is supported with administrative devices that make the preferred group relatively narrow. Thus the state conserves actual monopoly and encourages rent seeking, and demonstrates its own weakness in promoting competitive order. Under such circumstances, by contrast to the EU endeavors to promote and to control economic liberalization in the member states, both the payer (public institution) and the provider (economic agent) may present an open aversion to competition. Obviously, this status quo is in contradiction to a general trend in the EU to guarantee equal access to public procurement, also in transnational dimension. Other conflicts arise on the ground that countries differ concerning a bare need for liberalization of universal services or with respect to advancement of the reforms. In some countries liberalization is advanced which means relatively open and equal access to public procurement, including foreign agents. Other countries discriminate agents, both foreign and non-privileged home operators.
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