基本説明
This book is the first major contribution to the analysis and the development of the right to provide services. Have we now got a universal law of free movement ?
Full Description
This book provides a critical analysis of the present state of EU services law. It also provides a contribution to the development of the right to provide services, which is increasingly important.
The legal and regulatory foundations of the European services economy are in the process of being reformed. Many issues are unresolved. Some can only be resolved by the European Court or by Community legislation. But a more fundamental analysis of several of these issues is still lacking. One issue is the reconciliation of the case law on goods and services. The conventional view was that the freedoms should follow different routes: the free movement of goods went further than the right to provide services. Have we now got a universal law of free movement making these distinctions redundant? Or has services law gone further than goods law?
Another unresolved issue is the division between the regulatory powers of home and host countries in the principle of home country control: does it work? The broad exceptions, relying on concepts such as the general good, do not leave a high degree of certainty. The book makes use of the financial services sector to analyse the practical implementation of home country control and its exceptions.
Mads Andenas and Wulf-Henning Roth have assembled a group of EU scholars from many different jurisdictions and with different views on these matters of such fundamental and practical importance for EU law.
Contents
Foreword ; Introduction ; Editors' Intoduction ; 1. The European Court of Justice's Case Law on Freedom to Provide Services: Is 'Keck' Relevant? ; 2. Applying Keck and Mithuard in the Field of Services ; 3. Harmony and Dissonance in Free Movement ; 4. Exploring the Outer Limits: Restrictions on the Free Movement of Goods and Services ; 5. A Unified Approach to the Fundamental Freedoms ; 6. Judically Created Exceptions to the Free Provision of Services ; 7. Full Circle: Is there a Difference Between the Freedom of Establishment and the Freedom to Provide Services? ; 8. Private Parties and the Free Movement of Goods and Services ; 9. On the Border of Abuse ; 10. Financial Liberalization and Reregulation ; 11. The Home Country Control Principle in the Financial Services Directives and the Case Law ; 12. Unravelling the General Good Exception: The Case of Financial Services ; 13. Localization of Financial Services: Regulatory and Tax Implications ; 14. Financial Services, Taxation, and Monetary Movements ; 15. The Liberalization of Interstate Legal practice in the European Union: Lessons for the United States? ; Index
