IDEAS home Printed from
MyIDEAS: Log in (now much improved!) to save this article

L'accès au marché des services réglementés : la libéralisation du commerce des services dans le cadre du traité ce

Listed author(s):
  • Paul Demaret
Registered author(s):

    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.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    Download Restriction: free

    File URL:
    Download Restriction: free

    Article provided by De Boeck Université in its journal Revue internationale de droit économique.

    Volume (Year): t. XVI (2002)
    Issue (Month): 2 ()
    Pages: 259-291

    in new window

    Handle: RePEc:cai:riddbu:ride_162_0259
    Contact details of provider: Web page:

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_162_0259. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.