Judith Brand-VogelDie Dienstleistungsrichtlinie 2006/123/EG

About this book deutschenglish

The Services Directive is one of the most important legal acts of the European Union. As a common general legal framework it is the basis for the completion of the Internal Market for Services. The Directive intends to remove existing restrictions and to facilitate the exercise of service activities across borders within the European Union.

The legislative procedure was accompanied by fierce debates throughout Europe. The most serious point of criticism was the anchoring of the country of origin principle. According to this principle service providers are subject only to the law of their Member State of origin, in which they are established. Many interest groups concerned a lowering standard for working and social conditions in Europe and therefore took measures against the enforcement of the directive proposal. Subsequently, the controversial article 16 has been transcribed from "Country of origin principle" to the more neutral formulation "Freedom to provide services". Under the fulfillment of certain requirements the State of destination is now authorised to impose restrictive national provisions on the service providers.

This study examines whether - with the time of its terminological amendment - the country of origin principle has actually been removed in favour of the country of destination principle or whether it still builds the conceptual basis of the Services Directive. Moreover, a basic embedding of the Directive into the European regulatory framework is given as well as an examination of the national level. The study analyses the implementation problems of the Member States which cause legal uncertainty for European citizens and hinder the usage of a restriction-free Internal Market for Services. These findings explore a resulting need for further action at EU level.

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