Pravni vidiki tržne dejavnosti javnih zavodov

slovenian

2020

volume 46, issue 6/7

economic and non-economic activity   market activity of public institutions   public services   services of general interest

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

The author analyses the legal nature of activities of public institutions regarding the relation between public service and market (economic) activity. By defining economic and non-economic activity in terms of EU law, the author concludes that many activities that represent non-economic public services in Slovenian law are in essence economic, i.e. market activities. The author further concludes that the separation of activities of public institutions into public services and market activities is not adequate, since substantive distinction between them is impossible. He also criticises the decision of the Slovenian Constitutional Court in the case U-I-194/17, where the court missed the opportunity to clarify the question of economic and non-economic activities in the scope of "non-economic" public services, as this term is used in Slovenian law.

23.03.2021