L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce
The paper deals with the liberalization of trade in services in the context of the European internal market. Are examined in turn the methods provided by the EC Treaty for that purpose (2) ; the definition of services (3) ; the beneficiaries of the freedom to supply services (4) ; the concept of...
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| Materyal Türü: | Article ou chapitre numérique |
| Dil: | Français |
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2002
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| Online Erişim: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
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cairn-RIDE_162_0259RIDERevue internationale de droit économique https://droit.cairn.info/revue-internationale-de-droit-economique-2002-2-page-259?lang=fr https://doi.org/10.3917/ride.162.0259 L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce Demaret, Paul2002 fre Revue internationale de droit économique | t. XVI | 2 | 2002-06-01 | p. 259-291 | 1010-8831 RIDE_1622 The paper deals with the liberalization of trade in services in the context of the European internal market. Are examined in turn the methods provided by the EC Treaty for that purpose (2) ; the definition of services (3) ; the beneficiaries of the freedom to supply services (4) ; the concept of obstacle to trade in services as compared to the concept of obstacle to trade in goods under the case law of the European Court of Justice (5) ; the grounds on which obstacles to trade in services can be justified as compared to the grounds on which obstacles to trade in goods can be justified (6) ; the concept of obstacle to the freedom of establishment as compared to the concept of obstacle to trade in services, the case law relating to the circumvention of national rules through the supply of services from abroad and the question of whether the freedom to provide services leads to competition between national rules (7) ; some salient features of Community legislation in the field of services, most notably the technique known as the « European passport » (8). The notion of obstacle to trade in services is more broadly construed by the European Court of Justice than the notion of obstacle to trade in goods. However, the author argues that, overall, the prohibition of obstacles to trade in services is not more rigorously applied than the prohibition of obstacles to trade in goods once one considers the concrete outcome of ECJ judgments in the field of services. Indeed, in areas of a sensitive nature, the ECJ takes a rather liberal attitude as regards justifications. It follows that, in practice, the ECJ case law in the field of services has not significantly fostered competition between national rules. Community legislation that relies on the “European passport” technique does introduce a degree of competition between national rules in some services sectors, but usually in a rather controlled environment except for certain specific pieces of legislation. The paper concludes that it would be worth assessing in a systematic manner the extent to which Community law relating to the internal market has or has not resulted in creating competition between national rules. Conversely, it would be equally interesting to analyze the extent to which competition between national rules occurs — and the ensuing consequences — in those areas of the internal market which Community law has left untouched.Cairn free access |
| language |
Français |
| format |
Article ou chapitre numérique |
| building |
0/Bibliothèque numérique/ 1/Bibliothèque numérique/Cairn/ |
| description |
The paper deals with the liberalization of trade in services in the context of the European
internal market. Are examined in turn the methods provided by the EC Treaty for that
purpose (2) ; the definition of services (3) ; the beneficiaries of the freedom to supply
services (4) ; the concept of obstacle to trade in services as compared to the concept of
obstacle to trade in goods under the case law of the European Court of Justice (5) ; the
grounds on which obstacles to trade in services can be justified as compared to the grounds
on which obstacles to trade in goods can be justified (6) ; the concept of obstacle to the
freedom of establishment as compared to the concept of obstacle to trade in services, the
case law relating to the circumvention of national rules through the supply of services
from abroad and the question of whether the freedom to provide services leads to
competition between national rules (7) ; some salient features of Community legislation
in the field of services, most notably the technique known as the « European passport »
(8).
The notion of obstacle to trade in services is more broadly construed by the European
Court of Justice than the notion of obstacle to trade in goods. However, the author argues
that, overall, the prohibition of obstacles to trade in services is not more rigorously applied
than the prohibition of obstacles to trade in goods once one considers the concrete
outcome of ECJ judgments in the field of services. Indeed, in areas of a sensitive nature,
the ECJ takes a rather liberal attitude as regards justifications. It follows that, in practice,
the ECJ case law in the field of services has not significantly fostered competition
between national rules. Community legislation that relies on the “European passport”
technique does introduce a degree of competition between national rules in some services
sectors, but usually in a rather controlled environment except for certain specific pieces
of legislation.
The paper concludes that it would be worth assessing in a systematic manner the extent
to which Community law relating to the internal market has or has not resulted in creating
competition between national rules. Conversely, it would be equally interesting to
analyze the extent to which competition between national rules occurs — and the ensuing
consequences — in those areas of the internal market which Community law has left
untouched. |
| author |
Demaret, Paul |
| spellingShingle |
Demaret, Paul L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce |
| author_facet |
Demaret, Paul |
| author_sort |
Demaret, Paul |
| title |
L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce |
| title_short |
L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce |
| title_full |
L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce |
| title_fullStr |
L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce |
| title_full_unstemmed |
L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce |
| title_sort |
l'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce |
| publishDate |
2002 |
| container_title |
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| container_issue |
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| url |
https://ezproxy.univ-orleans.fr/login?url=https://droit.cairn.info/revue-internationale-de-droit-economique-2002-2-page-259?lang=fr https://ezproxy.univ-orleans.fr/login?url=https://doi.org/10.3917/ride.162.0259 |
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