The Services Directive: Consequences for the Welfare State and the European Social Model

The much debated Services Directive was adopted on 12 December 2006. This book brings together essays by leading legal scholars from a number of European countries on the consequences of the Directive for the welfare state and the European Social Model. Each of the essays address different dimensions of the Services Directive, including the consequences for the welfare state and the European Social Model. Dagmar Schiek introduces the European Social Model from a more general point of view, whereas Ulla Neergaard analyses the welfare services named services of general (economic) interest . Lynn Roseberry focuses on the general principle of non-discrimination. Elisabetta Bergamini, Jukka Snell and Ruth Nielsen address the more operational chapters of the Services Directive as they focus on the freedom of establishment, the freedom to provide services and the rights of recipients of services respectively. Finally, Frank Hendrickx addresses the issue of social dumping.

Table of Contents:
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