Directive 2006/123/EC and its context

Abstract

The controversy raised by the Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the internal market, has opened a great debate over its timing and content within the Institutions of the European Union, attracting interest from a variety of perspectives, social groups and the general public, from the majority of the States Members, with an intensity so far unused, in the case of a standard legislation. Understanding this debate requires places it (Directive 2006/123) in the context of a Europe that calls for the effective implementation of internal market for services and at the same time is called upon to arbitrate a proper balance between open markets, the preservation of public services, social rights and the rights of recipients of services. The complexity of achieving this goal through a distinctly horizontal directive and a vocation to be general legal framework for all services was already manifest in the period of gestation, after which the new product policy reflects the passionate debate that prompted him and proves important players in the set of initial proposals, as happens with so-called principle of country of origin. Issues such as the legislative technique, the scope and the wide range of exceptions that includes focus the attention from different angles, and in particular on the basis of a distinction between the right of establishment and freedom to provide services, although that the directive seems to blur the fine line between the two freedoms by giving prominence to the notion of providing the services. The possible tension between freedom of movement and rights deserve some thought to the thread of the relationship of the Directive with other provisions of Union law and in particular the Charter of fundamental rights emerged in Nice, and that after Lisbon , has the same value as the Treaties.

Finally, given that the Directive undertakes a codification of the principles that encourage the freedom of establishment and provision of services and the limits to restrictions, as inferred from the Court of Justice, developed for over 50 years, making it suitable for an analysis of actual contributions.