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Free Movement of Services and the Services Directive: The Legitimacy of the Case Law / Jukka Snell

The EU and WTO Law on Services: Limits to the Realization of General Interest Policies within the Services Market (European Monographs), Pages: 31 - 54

Swansea University Author: Jukka Snell

Abstract

The purpose of this chapter is to analyze the possible effects of the Services Directive on the interpretation of Article 56 TFEU. The chapter first examines the Services Directive and its drafting history. It then considers the impact of the Directive on the Court’s case law, arguing that while the...

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Published in: The EU and WTO Law on Services: Limits to the Realization of General Interest Policies within the Services Market (European Monographs)
Published: Kluwer Law International 2009
Online Access: http://www.kluwerlaw.com/Catalogue/titleinfo.htm?ProdID=9041128093&name=EU-and-WTO-Law-on-Services%3a-Limits-to-the-realization-of-General-Interest-policies-within-the-services-markets
URI: https://cronfa.swan.ac.uk/Record/cronfa5074
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Abstract: The purpose of this chapter is to analyze the possible effects of the Services Directive on the interpretation of Article 56 TFEU. The chapter first examines the Services Directive and its drafting history. It then considers the impact of the Directive on the Court’s case law, arguing that while there is no direct legal challenge to the jurisprudence, a political challenge has nevertheless emerged. Finally, the chapter argues that the case law can withstand the effects of the Directive, in particular as the theory based on combating intentional protectionism can legitimize the principle of mutual recognition, but the Court needs to articulate the basis of its decisions more carefully.
College: Hillary Rodham Clinton School of Law
Start Page: 31
End Page: 54