Liberalizing the Services in the European Union: the Controversial Method of the Draft Services Directive

Résumé du document

Five years ago, the Lisbon European Council was a significant venture for the European internal market, with the hope of making the EU the most competitive and dynamic knowledge-based economy in the world. This objective was to be achieved by 2010. During this summit, EU leaders requested that a strategy be formulated to remove cross-border barriers to services. This was the beginning of a strategy that led to a conditional proposal for a Directive on Services in the internal market. This proposal was presented by the Commissioner Bolkestein on the 13th of January 2004. In this paper, we will try to see the extent to which the "Bolkestein" Directive raises debates related to the method proposed by the Commission to advocate liberalization of services. We will reveal that the proposal of Directive represents a necessary and ambitious attempt to reform the services market with the implementation of a new method. However the attempt has been highly criticized that it could be deeply reassessed in the coming months.

Extraits

[...] To begin, we can stress the unclear picture of the scope of the Directive which is very broad. The Directive will not applied to financial services, electronic communication services and networks, transport services, nor taxation field with some exceptions (Art 2). The problem raises when it comes to deal with services of general interest. The issue is that the Directive does not take into account typical features of certain services, such as health care services or welfare services since the proposal covers all services that correspond to an economic activity within the meaning of the case-law of the ECJ relating to Article 29 of the Treaty. [...]

[...] In this paper, we will try to see to what extent the “Bolkestein” Directive raises debates related to the method proposed by the Commission to promote liberalization of services? We will see that the proposal of Directive represents a necessary but ambitious attempt, with a new method, to reform the services markets; however this attempt is so highly criticised that it could be deeply reassessed in the next months. Due to the fact that our subject is current, few academic papers deal with the Draft Services Directive. As a consequence, our study is essentially based on the official publications and the reading of newspapers. [...]

[...] This challenge can be interpreted as a key threat to special feature of the acquis communautaire. The draft is also questionable on the fact that it may not be in accordance with the multi-level-governance concept. In today's European policy, in order to increase the efficiency and legitimacy of the European legislation, policy-makers give great importance in the association of the regional level in the European policy-making at all considered stages. But although, in its report on the state of the internal market on services, the Commission points out that regions play an important role in implementing or maintaining legal barriers to cross-border service activity, the Draft Services Directive dealing with these barriers simply ignores the regional policy level. [...]

[...] At the same moment, the French Parti socialiste was mobilised and asked for the withdrawal of the text. Generally speaking, the left wing politicians consider that the proposal, by abandoning the fundamental principle of harmonization is trying to weaken the European social model with an ultra liberal programme. The right wing French politicians usually agree with this analysis. It's worth seeing the reaction of the European Parliament, especially after the publication of a report by Evelyne Gebhardt (ESP) on the directive (European Parliament .2005). [...]

[...] Bibliography EU official documents: Proposal for a Directive on services in the internal market, COM (2004) 2 final (13/01/2004). Report from the Commission on State of the Internal Maket for Services', COM (2002) final. Directive 96/71/CE du Parlement européen et du Conseil du 16/02/96 concernant le détachement des travailleurs dans le cadre d'une prestation de services (JO L 18 du 21/1/97). European Commission Internal Market Strategy for Services” (COM (2000) 888 final), Parlement Européen, Document de Travail du 21/12/2004 sur la propostion de directive du Parlement européen et du Conseil relative aux services dans le marché intérieur du 13 janvier 2004, Commission du marché intérieur et de la protection des consommateurs, Rapporteur: Evelyne Gebhardt. [...]