Author: Luis Miguel Hinojosa Martínez
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This work deals with the legal problems and expectations of the transposition of the Directive 2006/123/EC (Services Directive) in Spain. This contribution reviews the national debates on the implementing rules, the constitutional repercussions arising from its transposition, and the scope and effects of the Services Directive in Spanish law, taking into account both its substantive and procedural provisions. The major legal consequence of the implementation of the Services Directive in Spain will be administrative simplification. The Spanish services market suffers from legal opacity and complexity due to the mixture of regulating competencies of different Administrations. From a general point of view, this is the most important entry barrier for foreign providers of services. The establishment of points of single contact, accessible by electronic means, if successfully achieved, will represent a revolutionary progress in a traditionally burdensome and bureaucratic set of Administrations. It will also reduce the economic inefficiencies derived from political decentralisation. From a material point of view, the evaluation process may help to detect regional and local norms which have to be reconciled with Community law, and that have passed unnoticed in the past, because of their limited territorial scope of application.
Author: Ulla B. Neergaard
Publisher:
ISBN:
Category :
Languages : en
Pages : 14
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Book Description
Paper presented at: The New Services Directive of the European Union. FIDE XXII Congres Linz 2008, Nomos
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: 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: Vassilis Hatzopoulos
Publisher: OUP Oxford
ISBN: 0191627534
Category : Law
Languages : en
Pages : 593
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Book Description
Across the EU, services are the cornerstone of the modern economy, accounting for over 70% of national GDPs and over 90% of new jobs created. Fostering trade in services has, accordingly, become central to the EU's vision for developing the internal market. Yet regulating services and their international trade is notoriously complex, and controversial. For years the EU's efforts were limited to sector-specific regulation in key areas, until the adoption of the general Services Directive in 2006. Since then, confronted by the limited success of traditional legal intervention, the EU's attentions have shifted to alternative forms of regulation. This book looks back on the historical development of services law, discusses the nature of impediments to trade in services in the EU, and explains the basic rules and principles applicable to such trade. It also examines the recent development of alternative regulatory methods, such as networking, the use of common standards, private regulation, self-regulation, open methods of coordination, and administrative cooperation. Taking a broad perspective and placing services regulation within its economic context, the author offers a thorough evaluation of current regulatory methods alongside the alternative methods which could be deployed. The book is the first to provide an overview of the regulation of services in the EU.
Author: Marcus Klamert
Publisher: Cambridge University Press
ISBN: 1107034590
Category : Business & Economics
Languages : en
Pages : 357
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Book Description
Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike.
Author: Heribert Franz Koeck
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832933449
Category : Antitrust law
Languages : de
Pages : 0
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Book Description
[FIDE - International Federation for European Law (Fédération Internationale pour le Droit Européen) - is an umbrella organization in which the national Associations for European Law in the EU countries are regular members and those in the candidate countries are associated members. The bi-annual FIDE Congresses are a forum for discussion of most recent legal issues of EU and EC law. The FIDE XXIII Congress was held in Linz, Austria on May 28-31, 2008. The title below - published by Nomos Publishers (Germany) - contains topics of discussion from the FIDE XXIII Congress. The volume also includes national reports from Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Luxembourg, Netherlands, Norway, Poland, Portugal, Slovenia, Spain, Sweden, and United Kingdom.] This Volume 1 deals with the revisions of Primary Law after the non-ratification of the Treaty establishing a Constitution for Europe. The book contains the political and legal reactions from all member states to this failure, as well as their opinion about possible future reforms of the European Union treaties. Also available are Volume 2, titled "The Modernisation of the European Competition Law: Initial Experiences with Regulation 1/2003: FIDE XXIII Congress Linz 2008 - Congress Publications Vol. 2" (ISBN 978 3 8329 3345 6), and Volume 3, titled "The New Services Directive of the European Union: Hopes and Expectations from the Angle of a (Further) Completion of the Internal Market: FIDE XXIII Congress Linz 2008 - Congress Publications Vol. 3" (ISBN 978 3 8329 3346 3).
Author: Marcus Klamert
Publisher:
ISBN: 0199683123
Category : Law
Languages : en
Pages : 354
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Book Description
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
Author: Tinne Heremans
Publisher: Bloomsbury Publishing
ISBN: 1847318800
Category : Law
Languages : en
Pages : 229
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Book Description
Professional services are a key component of the EU internal market economy yet also significantly challenge the legal framework governing this internal market. Indeed, specific professional regulatory structures, which are often the result of a blend of government and self-regulation, hold clear potential for conflict with EU free movement and competition law rules. Hence this book looks at the manner in which both free movement and competition laws might apply to such self- and co-regulatory set-ups, and at the leeway given to quality considerations (apparently) conflicting with free movement or competition objectives. In addition, since court action will seldom suffice to genuinely integrate a market, the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services. However, the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services. A law and economics analysis is employed to investigate the need for specific professional rules, the preferred type of regulator (self-, co- or government regulation), and the level - national and/or European - at which regulation should be adopted. As becomes clear, the story of the market for professional services is one of market and government failure; the author is thus left to compare imperfect situations where market failures compete with rent-seeking efforts, the tendency towards over-centralisation and national protectionism. This book offers both an in-depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation of this framework based on insights from law and economics scholarship. It will therefore be a valuable resource for all practitioners, policy-makers and academics dealing with professional services, as well as, more generally, with questions of quality and self-regulation.
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.
