L9: Freedom to provide services and freedom of establishment Flashcards
what is the concept of establishment and case?
The concept of establishment involves the pursuit of economic activity through a fixed establishment in another MS for an indefinite period.
it is prohibited to enforce restrictions on establishments of any MS nationals, which applied to the creation of agencies, branches, or subsidiaries. Freedom of establishment includes right to pursue activities and manage undertakings, such as companies or firms. Example case is Reyners Case.
what is freedom to provide services and which case?
It is prohibited to restrict freedom to provide services within the EU for those who they are intended for. Services include activities with industrial and commercial character, craftsmen, and professions characters. Example case is Binsbergen Case.
why was the Bolkestein Directive considered controversial?
The Bolkestein Directive (dir.2006/123) was controversial because its scope was too broad and embraced non-free services, which was considered unacceptable under the Principle of Origin. The goal was to build a true internal market for services, as well as a single point of contact for information. Financial services, health care and pharmaceutical services, and communication services, for example, continue to have distinct specialized directions and laws.
what about recognition of qualifications and diplomas ?
The (dir.2005/36) states that all MS nationals wishing to pursue profession in MS can do so. There are a few points: national authorities must consider training migrants, diplomas must be accepted if qualifications are equal, and adaptation period or aptitude test can be done if there is a substantial difference.
