The Liberalization of Water Services under EU Law and the Human Right to Water

The article focuses on the liberalization of water services under European Union law and the protection of the human right to water at the EU level. It describes the legal framework of the so-called Services of General Economic Interest (SGEIs) to highlight the potential to enhance the protection of the right to water through secondary EU legislation. In particular, it shows paths of harmonization between the right to water and the EU internal market. First, it suggests ways to prevent possible normative conflicts by resorting to the exceptions that SGEIs enjoy vis-à-vis EU rules on competition, internal market freedom, and public procurement. Second, it considers interpretative techniques to avoid conflicts between the obligations stemming from the right to water and those ensuing from some EU secondary provisions concerning the pricing of water services. Third, it attempts to establish a systemic relation of priority between the right to water and the EU secondary legislation conflicting with this right. Finally, it provides a brief description of the ongoing revision of the Drinking Water Directive, which is aimed at enhancing the fulfillment of the right to water in the EU.