The Union is well on track. Those who had the patience to read this column yesterday will have understood how important a European statute for services of general interest (SGI) is for social reasons (to guarantee equality of citizens in access to services), political reasons (safeguarding and improving one of the pillars of the European model of society) and economic reasons (effectiveness of these services determines the competitiveness of European industry) as well as cultural reasons. The EU is well on track as the doctrine it is defining and gradually implementing takes account of the requirements justified by the main political currents. The principle of universal service and the legal nature of State financing have been recognised and, at the same time, competition is allowed. Even he who is in favour of having certain services managed by the State (a possibility fully admitted) must recognise that the total absence of competition has sometimes had adverse effects, as in some member countries, public monopolies were not perfect from the point of view of efficiency and quality of service, and in other countries such monopolies weighed too heavily on public funding (retirement age in contradiction with the tendency to prolong active life). Also, in some cases, they had been used for ambiguous reasons (fishy financing, corruption). The Commission was able to affirm that the gradual opening up of markets and the degree of competition introduced have on the whole had a positive effect. It is true that the effect of certain privatisation is challenged in the United Kingdom (look at the railway), in Sweden and elsewhere, but privatisation is still a national choice. Community institutions will never interfere in this.
Mr Herzog, or the sense of responsibility. It would, moreover, be misleading to think that stances are always determined by the fact that one belongs to a political party. Naturally, the right wing places more emphasis on competition and market opening, and the left on collective responsibility and on social guarantees. However, at the European Parliament, the Herzog resolution, which defines the EP's stance in this field, was approved with contrary votes from certain left-wing forces and a favourable vote from a significant part of the right-wing. The position of Rapporteur Philippe Herzog represents, I feel, a model showing the "sense of responsibility". He is set on certain well-defined ideas and will fight for them, but he has understood that there must be compromise if one is to move forward. A sustainable European statute for SGI needs broad consensus and strong roots. His reaction to the Commission's White Paper does not accept the disappointment shown by those who are said to have claimed that the Commission should take all their ideas on board. Mr Herzog considers as positive the positions taken by the White Paper on: a) subsidiarity (autonomy of States and territorial authorities in SGI management; b) financing and the a priori legal nature of certain State aid schemes; c) priority of public service missions over competition rules; and d) the specific nature of social and health services. He notes, however, that the implementation of these principles remains open, as the Commission has not given much of an indication as to their content or to the directives being prepared (mainly those announcing further liberalisation), and he calls for vigilance. He regrets that the Commission has not followed up the Parliament's request to introduce Parliament-Council codecision for the next legislative acts (this aspect implies a tricky legal issues on the Commission's autonomous decision-making power) but considers that Article III-6 of the draft Constitution will provide a base for a European legislation decided in co-decision between the EP and Member States. He notes the fact hat the Commission did not take a stance on the hypothesis of a horizontal framework directive, but that it will do so later. By way of conclusion, Mr Herzog noted that the awareness of the players has increased and the door is open to effective recognition of services of general interest. If he is confirmed as rapporteur (or if the new rapporteur takes inspiration from his attitude), the Parliament will play an increasingly important role in this connection.
Pascal Lamy insists … Some observers raised the question of the influence that the recent Union enlargement will have on this issue. It is of course impossible to know, at this point, what the orientation of the new Council members, the new MEPs and the new Commissioners will be. Pascal Lamy considers it will take time before the countries of Central and Eastern Europe stop assimilating public services and collectivisation, but he hopes that one day the idea "public service equals inefficiency" will be overcome. He stresses that, with the White Paper, the Commission admitted that SGI are part of the European model of society, that their public financing may be continued because the free market alone cannot meet the expectations of citizens and that the EU may, by basing itself on the Constitution, fix the statute of public services in Europe (Interview with Jean Quatremer, “Libération”). (F.R.)