By Maria Wiberg
The ecu providers Directive is hard to accomplish with no additionally affecting problems with nationwide social coverage, heavily concerning the welfare kingdom. the european providers Directive’s features have raised a variety of felony questions crucial for its complete figuring out and implementation. It has turn into a “moving goal” for the nationwide administrations. during this publication vital matters are coated: is the european companies Directive to be interpreted as legislations or just coverage and what are its genuine results at the regulatory autonomy of the Member States? Does it signify a brand new and leading edge software which allows filthy rich integration in the european or, has the ecu legislator long gone past its regulatory competence? This publication is helping to appreciate the european prone Directive and its results at the regulatory autonomy of the Member States of the ecu Union in a broader viewpoint. it truly is invaluable for lecturers, practitioners and officers either nationally besides in the ecu institutions.
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Extra resources for The EU Services Directive: Law or Simply Policy?
27 Little attention was given to the establishment of the free movement of services and service providers. The only services activities specifically targeted by the White Paper were those closely related to the sales of goods, as well as channels to promote goods such as: financial services and transport; new technologies and broadcasting services; and a vaguely defined group of communication services28 related to cross-border communication and information. Other areas concerning the free movement of services were left as not harmonised.
52 Their concerns in essence related to the fact that the proposal was founded on a horizontal approach, applicable to all service activities (except for those explicitly exempted) and on the country-of-origin principle. 53 The sensitivity of social policy issues has prompted the Member States to keep such issues outside the regulatory competence of the Union when adopting harmonisation measures in relation to the internal market. This is due to the fact that harmonisation measures enacted within the internal market are normally regulated on the basis of the ordinary procedure and in accordance with the Community Method (as described, Chap.
In addition, correspondingly to the negatively defined obligation set out in Article 14, Article 16 provides that the Member States must not make access to or exercise service activities within their territory subject to compliance with any non-justified requirements. Articles 17 and 18 set out certain derogations from the requirements of Article 16, thus Article 17 provides for specific derogations and Article 18 establishes ‘‘caseby-case’’ derogations in situations of ‘‘exceptional circumstances only’’.
The EU Services Directive: Law or Simply Policy? by Maria Wiberg