The EU Services Directive: Law or Simply Policy?

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.

In depth analysis of the EU Services Directive, its scope and application Provides a clear understanding of the differences between Article 56 TFEU and the Services Directive Clarifies the difficulties in interpreting the Services Directive and its effects on the national regulatory autonomy of the Member States Includes supplementary material: sn.pub/extras

Klappentext

The objective of the EU Services Directive is to realise the internal market for services which is of great importance to the EU and its Member States in respect of facilitating jobs and economic growth. This goal is difficult to achieve without also issues of national social policy, closely related to the welfare state, being affected. This has led to the EU Services Directive exhibiting distinctive features and functions, introducing unique implementation and evaluation procedures and mechanisms to be used by, and within, the Member States. Thus, the 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. The understanding and implementation of the Services Directive raises several central questions, such as: is it to be interpreted as law or simply policy, and, in light of this, what are its actual effects on the regulatory autonomy of the Member States? In general, does the Services Directive 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 provides an in-depth analysis of the EU Services Directive, its scope and its application, and clarifies the problems in interpreting the Services Directive and its effects on the national regulatory autonomy of the Member States. It is a valuable source of information for government officials, practitioners and researchers involved in matters of European Law and especially the EU Services Directive.

Maria Wiberg is a Doctor of European Law and Deputy Director at the Swedish Ministry of Foreign Affairs, the Department for the EU Internal Marketand the Promotion of Sweden and Swedish Trade, Stockholm, Sweden.

Inhalt
Introduction.- Background to the Harmonisation of the Free Movement of Services.- Transposing the Services Directive.- The Services Directive as Legislative Tool.- National Regulatory Autonomy versus Conferred Powers in the Services Directive.- Bases for Defining the Scope of Articles 49 and 56 TFEU and the Services Directive.- Scope and Effect as Defined by Restrictiveness and Justifications.- Definition of Measures and Requirements.- Scope of Service Activities.- New and Multi-Level Governance within the Union.- Contextual Understanding of the Services Directive.- The Services Directive Constituting Simply Policy.