Mapping of the public ServiceS MAY 2010 public ServiceS in the european union & in the 27 MeMber StateS STATISTICS, ORGANISATION AND REGULATIONS Project with the support of the European Commission Experts : Project with the support of the European Commission Study commissioned in the framework of the “Mapping of the Public Services” project managed by CEEP serving the public Published in May 2010 We would like to sincerely thank all those who participated in this research, in particular the national experts and those who have helped to prepare the English text for publication. pierre baubY PhD in Political Science Researcher associated with the LED - Paris 8 University Chairman of RAP Mihaela Maria SiMilie (POPA) PhD in Law Researcher on Public Services With the support of In memory of Armand BIZAGUET who for over 30 years developed statistics on public enterprises in Europe philippe raiMBAULT Professor of Public Law, IEP de Toulouse Member of Scientific Committee of Europa Sobinson Yves ralainirina PhD student in Economics Paris 8 University Logistical team Michel SeniMon General Delegate of EUROPA christophe bonnotte General Secretary of EUROPA country national experts austria AT Dr. Daniel Staudigl Verband der öffentlichen Wirtschaft und Gemeinwirtschaft Österreichs belgium be Contributions from different experts bulgaria bg Dr. Antoniy Galabov Assistant Professor, Sociology of Policy and Culture, Political Sciences Department, New Bulgarian University Présidente Pro Bono Publico Ltd. Vessela Delibaltova cyprus cY Yannis Eustathopoulos Économiste chercheur czech r. cZ Dr. Jiri Marek VSB-Technical University of Ostrava, Faculty of Economics, Department of Public Economics germany De Franz Thedieck Professor, University for Applied Administrative Sciences, Kehl Denmark DK Karl Löfgren PhD, associate professor, Department of Society and Globalisation, Roskilde Univer- sity estonia ee Sulev Mäeltsemees PhD, Professor, Dean of the Faculty of Social Sciences, Tallinn University of Technol- ogy Spain eS José-Manuel Ruano Professeur de Sciences Politiques, Université Complutense de Madrid finland fi Kristian Siikavirta LL.D., senior assistant Public Law, University of Vaasa france fr Philippe Rimbault Professeur de Droit public à Sciences Po Toulouse greece gr Yannis Eustathopoulos Économiste chercheur hungary hu Peter Rauschenberger Researcher ireland ie Laurent Pech Lecturer, Jean Monnet Chair in EU Public Law, National University of Ireland, Galway italy it Prof. Gianni Paramithiotti Università di Pavia Laura Albano PhD in Administrative Law Seconda Università degli Studi di Napoli (SUN) lithuania LT Vitalis Nakrosis Vilnius University latvia LV Dr. Iveta Reinholde University of Latvia, Department of Political Science luxemburg lu Conseil Economique et Social du G.D. de Luxembourg Malta Mt Dr. Manwel Debono Centre for Labour Studies, University of Malta netherlands nl Dr. L.J. Zwaan MMC Consultant and researcher poland pl Anna Kot Ministry of Economy portugal pt Dr. Luís Vale Lima Researcher romania ro Elena Iorga Program Director, Institute for Public Policy (IPP), Romania Sweden Se Kerstin Kolam Assistant Professor, Umea University Slovenia Si Petra Zemljič (Adviser to the president of the Court of Audit of the Republic of Slovenia) Slovakia SK Prof. Dr. Juraj Nemec Faculty of Economics, Matej Bel University Banska Bystrica, Slovakia united Kingdom uK Prof. Erika Szyszczak University of Leicester, UK and Littleton Chambers, Temple Contents GENERAL INTRODUCTION ON METHODOLOGY ............................................................................................................... 8 PART I .......................................................................................................................................................................................................... 16 STATISTICS 16 A. METHODOLOGY 16 B. STATISTICAL RESULTS 23 1. Persons employed by SGI providers: 23 over 64 million employees in the EU 2. Value-added by SGI sectors: an important contribution to GDPs 26 3. Number of enterprises providing SGIs 28 4. Investments operated by SGI providers 30 5. Cross-referencing of indicators 30 PART II ......................................................................................................................................................................................................... 32 A. METHODOLOGY 32 B. THE SGIS IN THE EUROPEAN UNION 33 1. Diversity and unity - 1 33 2. Three structural trends 37 3. Six approaches 50 4. Social dialogue 62 C. CONCLUSION: DIVERSITY AND UNITY - 2 73 PART III COUNTRY SECTIONS ...................................................................................................................................................... 77 ANNEXES ................................................................................................................................................................................................... 447 Public Services in the European Union Public Services in the 27 Member States GENERAL INTRODUCTION ON METHODOLOGY Introduction For more than twenty years, the “sectors” of Public Services / Services of General Interest have faced tremen- dous changes due to Europeanisation1 of the definition and organisation framework, policies of liberalisation, opening up of the markets, new rules, enlargement of the European Union, etc. It is therefore important to “map” the situation of enterprises providing services at European level and in all the 27 Member States. In its scope as well as its approach, the research “Mapping of the Public Services” is the first of its kind; SGIs have not been studied at such a level before. This research aims to provide up-to-date key information on enterprises providing SGIs in Europe. As such, this report is an important source of information for the development of knowledge of industrial relations in Europe. With this report, we provide an overview of key information such as the size of the various “sectors” or their contribution in the total economy. We also answer questions relating to the structure of SGIs, their market and ownership at national level, etc. This research “Mapping of the Public Services” cannot be treated as an evaluation of SGIs’ performance or of the public polices of Europeanisation or liberalisation impact2. Such an evaluation is based on specific objectives and methodologies. A good knowledge of the situation is no doubt a prerequisite for a scientifically based evaluation. Already in the title of our research, we are confronted with one of the key issues. As our study covers the European Union as a whole and its 27 Member States, we must begin by clarifying the question of the meaning and scope of the expression “Public services”. Firstly, the title uses the English language and should therefore be considered first from the perspective of its meaning in the United Kingdom. First difficulty: the British use the expression either as singular concept – “Public service” equivalent to the concept of “Civil Service”, which means essentially the administration and the civil servants, or as a plural concept “Public Services”, which refers to the various services provided to citizens by local authorities, cen- tral government, health care, education, policing, etc. The British also use the expression “Public Utilities”, which corresponds to the major network services (gas, electricity, water and wastewater, post and telecom- munications), but does not have a genuine explanatory value [Moderne-Marcou, 2001]. The concept of “public (1) In this research, we use the concept of Europeanisation as the progressive transition from the national traditional framework of definition and organisation of SGIs/Public Services to the Community level. (2) See the CEEP and CIRIEC Report for European Commission, Performance Evaluation of Services of General Economic Interest , in Services of General Economic Interest in Europe, November 2000. 8 services” is well developed at political level and in administrative sciences but legally “it is almost the legal vacuum” [Bell-Kennedy, 2001; Moderne-Marcou, 2001], in the sense that this concept is not a transversal notion which aims to structure the law and jurisprudence. It is the legislator’s competence to recognise in concrete terms the activities concerned, their creation and their regulation [Mangenot, 2005]. The law tries to ensure the quality of the service and the protection of the consumers. Other Common law countries, the countries of Northern Europe (Sweden, Finland, Denmark) and the Nether- lands, have not adopted a legal definition of “Public Services”, based on the legislative intervention [Mangenot, 2005]. There is no equivalent concept of “Public Services” in Sweden and Finland, even if these countries are considered as typical examples of Welfare State thanks to a very active social policy and a relative autonomy of public law developed in both countries [Modeen, 2001]. The second challenge we faced is the fact that we cannot establish a univocal glossary seting up the exact equivalent of “Public Services” in all 23 official languages of the EU and each Member State. In this field, each language refers to national histories, cultures, traditions, identities, etc., on the basis of which a national vocabulary, sometimes a specific doctrine has been developed: “public services”, “public service”, “public utilities”, “service public”, “öffentliche Dienstleistungen”, “öffentlicher Dienst”3, “Daseinsvorsorge”, etc., terms that cover various concepts