The Implementation of the Services Directive in the Netherlands

Prechal, Sacha; Vries, Sjoerd de; Doorn, Frederik van

doi:10.1007/978-90-6704-840-8_19

Cited by 3 publications

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“…69 Moreover, the fundamental legal dimension that underpins the free movement of persons is obvious, and that affects the scope of these provisions. 70 We also see that, when applying the principle of proportionality, the Court of Justice examines some cases more scrupulously than others, depending on the interest that has been invoked and the procedure followed. 71 There is very extensive case law in which the Court has applied only a limited test of proportionality to allow for characteristic national values or ethical or politically sensitive issues, such as the protection of vulnerable groups of consumers, a regional language, or the regulation of gambling.…”

Section: The Four Freedoms: Coherence and Divergencementioning

confidence: 99%

European Variations as a Key to Cooperation

Ballin

Ćerimović

Dijstelbloem

et al. 2020

Research for Policy

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use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made. The images or other third party material in this book are included in the book's Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the book's Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

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Section: The Four Freedoms: Coherence and Divergencementioning

confidence: 99%

European Variations as a Key to Cooperation

Ballin

Ćerimović

Dijstelbloem

et al. 2020

Research for Policy

View full text Add to dashboard Cite

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The implementation of the Services Directive: a Herculean effort with poor results?

Klamert

Adler²

2014

Services Liberalization in the EU and the WTO

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The Impact of EU Legislation on National Legal Systems: Towards a New Approach to EU – Member State Relations

Brink

2017

Camb. Yearb. Eur. Legal Stud.

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How does EU legislation impact the Member States? Arguably, no other issue is more closely connected to national sovereignty. However, existing research has thus far failed to deliver a univocal answer to this question. Instead, quantitative research – from political scientists and public administration scholars – has resulted in very diverging conclusions. By contrast, the legal perspective on the relationship between the EU and its Member States has been dominated by a focus on the principles of conferral and subsidiarity, as well as on the delineation and use of EU powers. Such an approach makes it equally difficult to identify the actual and concrete impact of EU legislation. Yet, it is contended in this contribution that a legal perspective, focusing on the actual content of EU legislation, is needed to come to a better understanding of the EU’s legislative impact on the Member States.The scope of application and the added value of EU legislation as well as national discretion therein are three key elements for determining the impact of EU legislation. The scope of application concerns the situations covered by EU legislation; added value regards the question of how EU legislation relates to other (pre-existing, overarching and adjacent) EU law. Policy choices and other room for manoeuvre for the Member States included in EU legislation makes for national discretion. Examples may be open norms or non-defined terms and concepts and the possibility to apply exceptions at the national level to general rules of EU legislation. Three areas of EU law are compared, each with a focus on a particular legislative act: migration law (the Family Reunification Directive); freedom to provide services (the Services Directive) and criminal law (the Framework decision on the European Arrest Warrant).

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The Implementation of the Services Directive in the Netherlands

Cited by 3 publications

References 0 publications

European Variations as a Key to Cooperation

European Variations as a Key to Cooperation

The implementation of the Services Directive: a Herculean effort with poor results?

The Impact of EU Legislation on National Legal Systems: Towards a New Approach to EU – Member State Relations

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