In which ways does the SD aim to open up the internal market in services?
Remove unjustifiable or discriminatory requirements for setting up business services BIS doc
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What does s1(1) SD establish?
SD aim to facilitate the exercise of both the freedom to provide services and the freedom of establishment by requiring MS to remove restrictions of those freedoms
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Why is there a SD?
Despite the efforts of the CJ in developing a broad based test for the application of Art 56 TFEU and the harmonising directives already existing, the commission conclude that there still exist significant barriers to entry
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Why is there a SD? contin
to end this, it proposed that a general service direct be enacted based on the principle of home country regulation, administration cooperation/ simplification
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Is it harder for MS to justify under the SD as opposed to the traditional approach?
Harder - less room for discretion with Art 15 + Art 9 as need to be evaluated, Art 14 + Art 16(2) are never allowed, Art 16(1) may be allowed..
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When will Art 16(1)/ Art 15/Art 9 be allowed?
Non discriminatory, necessary i.e justified in the interest of public health/ security/ policy/environment and proportionate
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Other cards in this set
Card 2
Front
What does s1(1) SD establish?
Back
SD aim to facilitate the exercise of both the freedom to provide services and the freedom of establishment by requiring MS to remove restrictions of those freedoms
Card 3
Front
Why is there a SD?
Back
Card 4
Front
Why is there a SD? contin
Back
Card 5
Front
Is it harder for MS to justify under the SD as opposed to the traditional approach?
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