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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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The EU Services Directive: Law or Simply Policy?

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ISBN13: 9789462650220
Published: August 2014
Publisher: T.M.C. Asser Press
Country of Publication: Germany
Format: Hardback
Price: £99.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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EU Law
Background to the Harmonisation of the Free Movement of Services
Transposing the Services Directive
The Services Directive as Legislative Tool
National Regulatory Autonomy versus Conferred Powers in the Services Directive
Bases for Defining the Scope of Articles 49 and 56 TFEU and the Services Directive
Scope and Effect as Defined by Restrictiveness and Justifications
Definition of "Measures" and "Requirements"
Scope of "Service Activities"
New and Multi-Level Governance within the Union
Contextual Understanding of the Services Directive
The Services Directive Constituting Simply Policy.