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The Municipal Provision of Public Services in the Light of EU Trade and Investment Agreements of a New Generation (TTIP, CETA, TiSA)

Research Field: Cities in the Context of European Integration and Globalisation

Austrian cities play a key role in the provision of a broad range of public services (Daseinsvorsorge). However, in their activities cities not only have to take into account domestic and EU law but also, increasingly, international economic law. In this regard, EU trade agreements of a new generation (such as TTIP or CETA) pose a number of challenges. These agreements go beyond a further GATS-style liberalisation of trade in services, including chapters on public procurement, domestic regulation or investment protection as well as investor-state arbitration (ISDS or ICS). The complex structure and interplay of commitments and exceptions and reservations in various EU and country-specific annexes raise the question whether and how such agreements may affect the organisation, financing and provision of public services in Austria. The project builds on a 2015 study on the legal framework for the provision of public services which has raised a plethora of legal questions that will be dealt with in depth in this project.

Project Leader: Univ.-Prof. Dr. Verena Madner