Izvorni znanstveni članak
EU Directive 123/2006 on Services – Scope and Justification
Siniša Rodin
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The author discusses the scope of the Directive on Services in the context of ECJ case law related to Articles 43, 46 and 49 of the EC Treaty. He points out that the scope of the Directive is considerably limited by general, special and ad hoc limitations, as well as by the subsidiary meaning of the freedom of the provision of services. The final scope of the Directive will be determined by ECJ case law, i.e. by the application of possible justifications of national measures. The ECJ can choose between two global approaches to interpretation which the author refers to as progressive-integrative and constitutional-centrifugal. According to the author, the former offers four possible variants of interpretation, promoting regulatory interests of Member States in different degrees. The choice between possible interpretative approaches will determine the pace of realization of the EU integration objectives as formulated in the conclusions of the European Council in Lisbon on 23 and 24 March 2000. Moreover, the negotiating position of the Republic of Croatia in the area of freedom of the provision of services will have to be determined within the framework of possible interpretations of the Directive in the course of negotiations and after becoming a member of the EU.
Ključne riječi
Directive on Services; justification; scope; interpretation
Hrčak ID:
32726
URI
Datum izdavanja:
26.2.2009.
Posjeta: 3.470 *