An Internal Market for Services – National Concerns, European Regulation, and a Proposal by the Commission
The article analyses the difficulties in creating an internal market for services with special regard to the accession of the new Member States. Starting from the example of job losses in Germany that are blamed on the application of the freedom to provide services to the new Member States, the arti...
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| Format: | Article |
| Language: | English |
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University of Zagreb, Faculty of Law
2005-12-01
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| Series: | Croatian Yearbook of European Law and Policy |
| Subjects: | |
| Online Access: | https://www.cyelp.com/index.php/cyelp/article/view/8 |
| _version_ | 1830483312980787200 |
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| author | Veith Mehde |
| author_facet | Veith Mehde |
| author_sort | Veith Mehde |
| collection | DOAJ |
| description | The article analyses the difficulties in creating an internal market for services with special regard to the accession of the new Member States. Starting from the example of job losses in Germany that are blamed on the application of the freedom to provide services to the new Member States, the article goes on to describe the Commission’s proposal for a new directive on services in the internal market. The decision to withdraw the proposal in its original form is explained. Possible restrictions of the freedom are analysed with regard to the requirements which the ECJ has derived from the Treaty. On the basis of this case-law, fears of a ‘race to the bottom’ are analysed and regulatory options are assessed. It is concluded that the principle of mutual recognition has to be the basis of any solid attempt to create a functioning internal market also for services. Nevertheless, the fears existing in the old Member States – although at least partly unfounded – need to be taken seriously. Some form of harmonisation might be the price to be paid for making borders within the EU permeable to services. |
| first_indexed | 2024-12-21T17:48:59Z |
| format | Article |
| id | doaj.art-942305bd25bd4591b44bf2cfbeb69962 |
| institution | Directory Open Access Journal |
| issn | 1845-5662 1848-9958 |
| language | English |
| last_indexed | 2024-12-21T17:48:59Z |
| publishDate | 2005-12-01 |
| publisher | University of Zagreb, Faculty of Law |
| record_format | Article |
| series | Croatian Yearbook of European Law and Policy |
| spelling | doaj.art-942305bd25bd4591b44bf2cfbeb699622022-12-21T18:55:24ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582005-12-01114516110.3935/cyelp.01.2005.08An Internal Market for Services – National Concerns, European Regulation, and a Proposal by the CommissionVeith Mehde0Universität HamburgThe article analyses the difficulties in creating an internal market for services with special regard to the accession of the new Member States. Starting from the example of job losses in Germany that are blamed on the application of the freedom to provide services to the new Member States, the article goes on to describe the Commission’s proposal for a new directive on services in the internal market. The decision to withdraw the proposal in its original form is explained. Possible restrictions of the freedom are analysed with regard to the requirements which the ECJ has derived from the Treaty. On the basis of this case-law, fears of a ‘race to the bottom’ are analysed and regulatory options are assessed. It is concluded that the principle of mutual recognition has to be the basis of any solid attempt to create a functioning internal market also for services. Nevertheless, the fears existing in the old Member States – although at least partly unfounded – need to be taken seriously. Some form of harmonisation might be the price to be paid for making borders within the EU permeable to services.https://www.cyelp.com/index.php/cyelp/article/view/8internal marketfreedom to provide servicesrace to the bottomecjprinciple of mutual recognition |
| spellingShingle | Veith Mehde An Internal Market for Services – National Concerns, European Regulation, and a Proposal by the Commission Croatian Yearbook of European Law and Policy internal market freedom to provide services race to the bottom ecj principle of mutual recognition |
| title | An Internal Market for Services – National Concerns, European Regulation, and a Proposal by the Commission |
| title_full | An Internal Market for Services – National Concerns, European Regulation, and a Proposal by the Commission |
| title_fullStr | An Internal Market for Services – National Concerns, European Regulation, and a Proposal by the Commission |
| title_full_unstemmed | An Internal Market for Services – National Concerns, European Regulation, and a Proposal by the Commission |
| title_short | An Internal Market for Services – National Concerns, European Regulation, and a Proposal by the Commission |
| title_sort | internal market for services national concerns european regulation and a proposal by the commission |
| topic | internal market freedom to provide services race to the bottom ecj principle of mutual recognition |
| url | https://www.cyelp.com/index.php/cyelp/article/view/8 |
| work_keys_str_mv | AT veithmehde aninternalmarketforservicesnationalconcernseuropeanregulationandaproposalbythecommission AT veithmehde internalmarketforservicesnationalconcernseuropeanregulationandaproposalbythecommission |