European Limits for Public Investments and State-Owned Enterprises

The paper discusses the role of European sources in limiting the national sovereignty of Member States in the sector of public investment and State-Owned Enterprises (SOEs). It will propose the idea that the economic choices of the Member States can be influenced and shaped not only by European deficit and public debt limits, but also by the principle of competition and fundamental freedoms, by the constitutional concepts of services of general economic interest and non-economic interest, and by the discipline of state aid and public procurement. It will examine the most relevant cases of the Court of Justice on these topics released in the last years before the Covid pandemic spread.