The Services Directive

Introduction By Ulla Neergaard, Ruth Nielsen & Lynn Roseberry The European Social Model and the Services Directive By Dagmar Schiek 1 Introduction 2 Notions of the 'European Social Model' 3 A normative frame for the European Social Model 4 The Services Directive and the European Social Model 5 Conclusion Services of General (Economic) Interest and the Services Directive - What Is Left Out, Why and Where to Go? By Ulla Neergaard 1 Introduction 2 What is implied by the concept 'services of general economic interest' and related concepts? 3 Why have 'services of general economic interest' been partially left out? 4 Where to go? 5 Concluding remarks The Services Directive and the General Principle of Non-Discrimination By Lynn Roseberry 1 Introduction 2 To what extent does the international principle of racial non-discrimination apply to Community legislation? 3 The content of the principle of non-discrimination 4 Applying the principle of racial non-discrimination to the Services Directive 5 Justification of the Services Directive's indirectly racially discriminatory provisions 6 Is the Services Directive's preferential treatment of EU citizens proportional to the aim of protecting national economic and security interests? 7 How can the principle of racial non-discrimination be enforced against the Community? 8 Conclusions Freedom of Establishment under the Services Directive By Elisabetta Bergamini 1 The Services Directive and freedom of establishment 2 The scope of the directive 3 The concept of establishment 4 Evaluation of authorisation schemes - administrative simplification 5 Future implementation of the provisions relating to authorisation schemes and administrative simplification 6 Services of general interest and freedom of establishment: possible consequences for the Welfare State 7 The concept of 'overriding reasons relating to the public interest' and the freedom of establishment 8 Concluding remarks Freedom to Provide Services in the Case Law and in the Services Directive: Problems, Solutions, and Institutions By Jukka Snell 1 Introduction 2 Shortcomings of the case law 3 The limitations to the Services Directive 4 The Services Directive and the narrowing of exceptions 5 The Services Directive and legal certainty 6 Conclusion: a case study of the failings of the Community method? The Services Directive, Rights of Recipients of Services and the Welfare State(s) By Ruth Nielsen 1 Introduction 2 Services 3 Recipients of services 4 Restrictions 5 Discrimination in the access to services 6 Contract law aspects 7 Labour law aspects 8 Conclusion The Services Directive and Social Dumping: National Labour Law under Strain? By Frank Hendrickx 1 Introduction 2 Does the Services Directive organise social dumping? 3 Does the Services Directive challenge the European social model? 4 Conclusions The Authors