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This article discusses a new constitutional right, a right to (drinking) water in Slovenia, especially elements of the public service for the supply of drinking water. This change of the Constitution was triggered by the 2011 proposal of the EU Directive on concession, which had proposed concessions for the supply of drinking water. A harsh reply from the wider public changes the mainstream of this idea. At the same time, it had triggered certain political sphere to think how to preserve the supply of drinking water out of the private interests. Corollary, in Slovenia, the supply of drinking water is taken out of the market, that way also from the EU internal market and the competition rules, which both might be contestable. Arguments are put forward to support the exclusion of the above services from overall water market, claiming that the supply of drinking water has certain distinctive elements from other public services, where the natural resources are not in foreground, especially where every individual is not only potential, but real end-user. The article emphasizes that the measure is more important for future generations and for our inheritors and adds supportive arguments in this respect.

The authors discuss challenges of water supply in the European Union and the Member States, which mainly refer to local systems. The Member States retain autonomy in the water supply, however European Union general rules, and in particular the competition rules, are used for 'soft' liberalization (and privatization). The authors expose complex public policy issues of water supply; taking into account characteristics of the water sector. The article highlights typical models of the water sector organization with advantages and shortcomings. Dogmatic favouring or ranking of certain models, already at the abstract level, shall be rejected. Authors opt for case-by-case ranking of such organizational models. Dogmatic favouring of private participation and market competition is disputable and a credible discussion shall not be limited only to their advantages but also to their costs and risks.

The authors discuss challenges of water supply in the European Union and the Member States, which mainly refer to local systems. The Member States retain autonomy in the water supply, however European Union general rules, and in particular the competition rules, are used for 'soft' liberalization (and privatization). The authors expose complex public policy issues of water supply; taking into account characteristics of the water sector. The article highlights typical models of the water sector organization with advantages and shortcomings. Dogmatic favouring or ranking of certain models, already at the abstract level, shall be rejected. Authors opt for case-by-case ranking of such organizational models. Dogmatic favouring of private participation and market competition is disputable and a credible discussion shall not be limited only to their advantages but also to their costs and risks. Adapted from the source document.

In addition to the option of submitting requests for reviewing constitutionality and legality to the Constitutional Court of the Republic of Slovenia, it has been possible for the Slovenian local communities to contest EC Acts before the EC Courts over the last five years. But the terms and conditions for that are much stricter than those required by the national law. The paper analyses the complex system of legal rules determining the terms and conditions to be observed by local communities to contest the legal acts issued by the EU institutions. These conditions are very strict. They can be hardly fulfilled by local communities because equal conditions apply both to them and to legal / natural persons. For this reason, EU has been criticized for not providing an efficient system of legal remedies to protect the rights of natural and legal persons to whom also local communities pertain. The European Court of Justice partially accepted criticism, thereby facilitating contestation of EC Acts. However, it limited itself primarily to some specific areas of EC law. Wide criticism of the ECJ has led to some changes being made under the Lisbon Treaty, although these changes are not as liberal as expected.

EC Treaty • locus standi • local communities • individual concern • direct concern • Slovenia • EU

In addition to the option of submitting requests for reviewing constitutionality and legality to the Constitutional Court of the Republic of Slovenia, it has been possible for the Slovenian local communities to contest EC Acts before the EC Courts over the last five years. But the terms and conditions for that are much stricter than those required by the national law. The paper analyses the complex system of legal rules determining the terms and conditions to be observed by local communities to contest the legal acts issued by the EU institutions. These conditions are very strict. They can be hardly fulfilled by local communities because equal conditions apply both to them and to legal/natural persons. For this reason, EU has been criticized for not providing an efficient system of legal remedies to protect the rights of natural and legal persons to whom also local communities pertain. The European Court of Justice partially accepted criticism, thereby facilitating contestation of EC Acts. However, it limited itself primarily to some specific areas of EC law. Wide criticism of the ECJ has led to some changes being made under the Lisbon Treaty, although these changes are not as liberal as expected. Adapted from the source document.