Services Directive

What are the aims/objectives of the directive?

to open the services market and to realise the potential of full service markets in Europe by removing legal and administrative barriers to trade

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What were the controversies surrounding the directive?

There were a lot of mass protests because the draft was seen as leading to social problems, because it was presumed that companies and jobs would be relocated to eastern Europe.

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Who does the directive apply to?

Art 2(1) - services

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What are services?

Art 4(1) service means any self-employed activity in exchange for remuneration

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What services aren't covered by the directive?

Art 2(2) and 2 (3)

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What are case examples?

Fermarbel- healthcare

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What are derogations are there from the freedom to provide services?

Art 17- services of general economic interest, special services, matters covered by specific European provision

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Which article permits case by case derogations?

Art 18

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What are the limitations of the directive?

It does not effect labour law, criminal law, exercise of fundamental rights, cultural or linguistic diversity

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What are the obligations conferred on MS by the directive?

Obligation to examine the procedures and formalities in the field and change them if too complex, create a single point of contact for service providers, ensure procedures can be completed by economic means

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What does the directive have to say about freedom of establishment?

Codifies existing rules from case law.

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Are MS allowed to request some kind authorisation from people?

Only under 3 cumulative conditions, art 9

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What criteria does authorisation have to fulfil?

Has to be clear and unambiguous, and objective and made public in advance

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Services Directive

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