The EU Services Directive: Law or Simply Policy? PDF Download
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Author: Maria Wiberg
Publisher: Springer
ISBN: 9462650233
Category : Law
Languages : en
Pages : 313
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Book Description
The EU Services Directive is difficult to achieve without also affecting issues of national social policy, closely related to the welfare state. The EU Services Directive’s characteristics have raised numerous legal questions essential for its full understanding and implementation. It has become a “moving target” for the national administrations. In this book important issues are covered: is the EU Services Directive to be interpreted as law or simply policy and what are its actual effects on the regulatory autonomy of the Member States? Does it represent a new and innovative instrument which facilitates prosperous integration within the EU or, has the EU legislator gone beyond its regulatory competence? This book helps to understand the EU Services Directive and its effects on the regulatory autonomy of the Member States of the European Union in a broader perspective. It is valuable for academics, practitioners and officials both nationally as well within the EU institutions.
Author: Maria Wiberg
Publisher: Springer
ISBN: 9462650233
Category : Law
Languages : en
Pages : 313
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Book Description
The EU Services Directive is difficult to achieve without also affecting issues of national social policy, closely related to the welfare state. The EU Services Directive’s characteristics have raised numerous legal questions essential for its full understanding and implementation. It has become a “moving target” for the national administrations. In this book important issues are covered: is the EU Services Directive to be interpreted as law or simply policy and what are its actual effects on the regulatory autonomy of the Member States? Does it represent a new and innovative instrument which facilitates prosperous integration within the EU or, has the EU legislator gone beyond its regulatory competence? This book helps to understand the EU Services Directive and its effects on the regulatory autonomy of the Member States of the European Union in a broader perspective. It is valuable for academics, practitioners and officials both nationally as well within the EU institutions.
Author: Emilio Fernández Corugedo
Publisher: International Monetary Fund
ISBN: 1498391729
Category : Business & Economics
Languages : en
Pages : 25
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Book Description
The EU Services Directive was adopted in 2006 to foster competition in services across Europe. However, progress in liberalizing services has fallen short of expectations due to the article 15 of the Directive, which allows countries to maintain pre-existing restrictions if judged necessary to protect the public interest. Through input output analysis, this paper finds important multiplier effects of greater efficiency services to the rest of the economy. A renewed impulse to the liberalization process could be given by enhancing the advocacy role of national competition authorities in interpreting the notion of public interest underpinning existing regulations.
Author: Ulrich Stelkens
Publisher: Springer Science & Business Media
ISBN: 9067048399
Category : Business & Economics
Languages : en
Pages : 657
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Book Description
The EU Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts in governments, trade and industry, as well as to the general public. This book analyses in detail the different steps taken by each of 26 EU Member States (all but Greece) in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that was originally nationally dominated, such as the law of national administration. This book is valuable reading for academics interested in European and administrative law and the transposition of European directives into domestic law, as well as for practitioners and civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive. Ulrich Stelkens and Wolfgang Weiß are both University Professors of Law at the German University of Administrative Sciences Speyer and Ordinary Members of the German Research Institute for Public Administration Speyer, Michael Mirschberger (Ass. Jur.) is research assistant at both institutions.
Author: Matteo Bottero
Publisher: Kluwer Law International B.V.
ISBN: 9403528648
Category : Law
Languages : en
Pages : 547
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Book Description
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Author: Peter Timmerman
Publisher: Academia Press
ISBN: 9038215061
Category :
Languages : en
Pages : 56
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Book Description
Author: Ulla Boegh Neergaard
Publisher: Djoef Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 268
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Book Description
The much debated Services Directive was adopted on December 12, 2006. This book brings together essays by leading legal scholars from a number of European countries on the consequences of the Directive for the welfare state and the European Social Model. Each essay addresses different dimensions of the Services Directive. Dagmar Schiek introduces the European Social Model from a more general point of view, whereas Ulla Neergaard analyzes the welfare services that are considered services of general (economic) interest. Lynn Roseberry focuses on the general principle of non-discrimination. Elisabetta Bergamini, Jukka Snell, and Ruth Nielsen address the more operational chapters of the Services Directive as they focus on the freedom of establishment, the freedom to provide services, and the rights of recipients of services respectively. Finally, Frank Hendrickx addresses the issue of social dumping.
Author: Maletić, Isidora
Publisher: Edward Elgar Publishing
ISBN: 1800886683
Category : Law
Languages : en
Pages : 224
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Book Description
Exploring the importance of the EU Services Directive (Directive 2006/123), this book provides an expansive insight into the controversial legislation regulating the internal market in services, whilst examining the challenges of positive harmonisation. In addition, by analysing the functioning and judicial interpretation of the directive, it considers EU trade regulation values and the broader significance of EU regulation in global regulatory standard setting.
Author: Theo Lynn
Publisher: Springer
ISBN: 3030023303
Category : Business & Economics
Languages : en
Pages : 194
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Book Description
This open access Pivot demonstrates how a variety of technologies act as innovation catalysts within the banking and financial services sector. Traditional banks and financial services are under increasing competition from global IT companies such as Google, Apple, Amazon and PayPal whilst facing pressure from investors to reduce costs, increase agility and improve customer retention. Technologies such as blockchain, cloud computing, mobile technologies, big data analytics and social media therefore have perhaps more potential in this industry and area of business than any other. This book defines a fintech ecosystem for the 21st century, providing a state-of-the art review of current literature, suggesting avenues for new research and offering perspectives from business, technology and industry.
Author: Gimigliano, Gabriella
Publisher: Edward Elgar Publishing
ISBN: 1839105682
Category : Law
Languages : en
Pages : 608
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Book Description
This comprehensive and essential Commentary examines both the origins and effect of the EU’s 2015 Payment Services Directive (PSD2). Addressing a significant gap in the available literature, the book is divided into two parts: Part I analyses the legislative provisions of the Directive, while Part II explores the PSD2 implementation experience in selected EU Member States as well as in the United Kingdom.
Author: Ulla Neergaard
Publisher: Springer Science & Business Media
ISBN: 9067048763
Category : Law
Languages : en
Pages : 626
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Book Description
The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.
