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The EU Services Directive: Law or Simply Policy?

  • Book
  • © 2014

Overview

Authors:
  1. Maria Wiberg

    1. Department for the EU Internal Market, Swedish Ministry of Foreign Affairs, Stockholm, Sweden

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  • 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

Part of the book series: Legal Issues of Services of General Interest (LEGAL)

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Table of contents (13 chapters)

  1. Front Matter

    Pages i-xv
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  2. Introduction

    • Maria Wiberg
    Pages 1-15

  3. The Services Directive, its Implementation and Legal Foundation

    1. Front Matter

      Pages 17-17
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    2. Background to the Harmonisation of the Free Movement of Services

      • Maria Wiberg
      Pages 19-31

    3. Transposing the Services Directive

      • Maria Wiberg
      Pages 33-55

    4. The Services Directive as Legislative Tool

      • Maria Wiberg
      Pages 57-63

    5. National Regulatory Autonomy Versus Conferred Powers in the Services Directive

      • Maria Wiberg
      Pages 65-78

  4. The Services Directive in the Role of a Traditional Directive

    1. Front Matter

      Pages 79-79
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    2. Bases for Defining the Scope of Articles 49 and 56 TFEU and the Services Directive

      • Maria Wiberg
      Pages 81-92

    3. Scope and Effect as Defined by Restrictiveness and Justifications

      • Maria Wiberg
      Pages 93-134

    4. Definition of “Measures” and “Requirements”

      • Maria Wiberg
      Pages 135-177

    5. Scope of “Service Activities”

      • Maria Wiberg
      Pages 179-218

    6. Conclusion Part II

      • Maria Wiberg
      Pages 219-230

  5. Contextual Understanding of the Services Directive

    1. Front Matter

      Pages 231-232
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    2. New and Multi-Level Governance Within the Union

      • Maria Wiberg
      Pages 233-244

    3. Contextual Understanding of the Services Directive

      • Maria Wiberg
      Pages 245-265

    4. The Services Directive Constituting Simply Policy

      • Maria Wiberg
      Pages 267-285

  6. Back Matter

    Pages 287-309
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Keywords

About this book

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.

Authors and Affiliations

  • Department for the EU Internal Market, Swedish Ministry of Foreign Affairs, Stockholm, Sweden

    Maria Wiberg

Bibliographic Information

  • Book Title: The EU Services Directive: Law or Simply Policy?

  • Authors: Maria Wiberg

  • Series Title: Legal Issues of Services of General Interest

  • DOI: https://doi.org/10.1007/978-94-6265-023-7

  • Publisher: T.M.C. Asser Press The Hague

  • eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)

  • Copyright Information: T.M.C. Asser Press and the author 2014

  • Hardcover ISBN: 978-94-6265-022-0Published: 07 August 2014

  • eBook ISBN: 978-94-6265-023-7Published: 29 July 2014

  • Series ISSN: 3004-9962

  • Series E-ISSN: 3004-9970

  • Edition Number: 1

  • Number of Pages: XV, 309

  • Topics: European Law

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