Lecture 10 - freedom to provide services Flashcards
what is the definition of freedom to provide services
entails the carrying out of an economic activity for a temporary period in a member state in which either the provider or the recipient of the service is not established
what does the law state about the right of residence of self employed
directive 2004/38 - governs the terms and conditions of entry of all eu citizens and their families into a host m/s as well as their right to remain there after having pursued an economic activity
what scope does art 56-57 have
56 - can be used to challenge rules laid down by both the host state and the home state which obstruct the provision of services
- case van binsbergen - both are subject to art 18, 56-57 are directly effective , national rules which are directly discriminatory can only be justified on the grounds set out in the treaty
what is the significance of directive 96/71
it requires the host state to apply a nucleus of mandatory rules/labour standards to posted workers (art 3: minimum wage, working time and equal treatment etc)
