The universal service and its legal dimension

Crucial changes have been observed for 30 years in the concept of publicservice which is an essential element to describe state notion. Besides, theconcept is mostly received in terms of state function. In the context ofglobalization, the national legislative frames are broadly influenced by theUnited States? liberal economy practice. The effect of this practice is notablyvisible in the legislative frames of member states of the European Union (EU).First impact of economic structure of the Community on the public service isreflected in the evolution of the classic concept of public service.Within the EU, adhesion to the principles of liberal economy leads to thecreation of European common market and opens public service area to theinstruments of competition. However, public services are not regulated byCommunity legislation, which creates a question of competence. Thatinterference is avoided by the use of terms as ?service of general economicinterest", "universal service " and "public obligations", which remind exactlyclassical public services.The EU set up its first legislative act concerning universal services withthe Green Paper on ?the Liberalization of Telecommunications Infrastructure?in 1987. Following this act, the concept of universal service is used in numerousdocuments. It is admitted as a part of telecommunications area which composesthe infrastructure of internal market. It is also emphasized that the universalservice guaranteed the development of the intelligence society. The Green Paperof the European Commission on the "Development of the single market forPostal Service", in 1992, describes the universal service as follows: "a minimumrange of services of specified quality which must be provided in all MemberStates at affordable prices for the benefit of all users, irrespective of theirgeographical location".The regulation in full measure of universal service intervened with code5639 in May 16th, 2005. Turkish legislator?s definition for minimum service anduniversal service complies with pre-established definitions: ?every individualis entitled to receive inside national borders, and against abordableremuneration, services of electronic communications in a particular quality?With this regulation, minimum services became constraining in Turkey,including telecommunications services and the electronic services considered tobe universal services. They were avoided by entrepreneurs for difficulties ofexecutions in financial terms. Resulting directly from the Code, financialobligations committed to entrepreneurs appearing in the competitive market inorder to avoid risks with social consequences.As a result, either in EU practice or in Turkey, the application ofuniversal service concept promotes not only an equitable competition, but alsoprotects individuals against the possible failure of the market.Key words: Public Service, Liberalization, Services of General EconomicInterest, Services of Telecommunications, Universal Service.