In considering either the EU Services Directive or WTO rules on
services, it is clear that the goal in each case is the same: the removal of
obstacles to the free movement of services. However, a number of formidable
forces – including the anti-globalisation movement, other civil society
groups, and some EU Member States – have raised concerns regarding the effect
of liberalization of services on the quality and availability of public
services such as health care and education, and the compatibility of such
liberalization with social policy objectives. Thus it is clear that the
central question at both EU and WTO level is how to balance the proper
functioning of the services market and the realization of general interest
This book, which is the outcome of a 2006 conference organized by the Europa
Institute of Utrecht and edited at the Radboud University Nijmegen, makes a
major contribution to improving the understanding of services liberalization
and its limits in both the scholarly and public debate. Eleven well-known
authorities in European and international (economic) law deal incisively with
such crucial issues as the following:
the influence of the EU Services Directive on the national legal orders of the
the relationship between EU law on the liberalization of services and
the case law of the ECJ on services of general economic interest;
prospects for harmonization of services of general economic interest at EU
the impact of public procurement law on services;
interrelation of WTO rules and the EU law on services; and
how public interest issues are accommodated in WTO law.
It is surprising that, as the services sector plays a major role in Europe’s
economy, legal scholarship in this area is so sparse. This in-depth
examination of tensions emerging between the goals of the European market and
general interest objectives at the level of the Member States fills an
important need for lawyers, policymakers, officials, and academics striving to
clarify and formulate effective principles and rules in this important area of
the European and global economies.
Preface. 1. Prologue; van de Gronden.
Part I. The Services Directive and
the Free Movement of Services in the EU. 2. The Services Directive: Great
Expectations? An Initial Overview of the Rights and Obligations of the
Services Directive; S. Evans. 3. Free Movement of Services and
the Services Directive: The Legitimacy of the Case Law; J. Snell. 4.
Fundamental Rights and the Liberalization of Service Markets; S. Prechal.
5. The Effects of the Service Directive for Local and Regional
Authorities; B. Hessel. 6. Service Directive and the Alleged
Social Dumping: What are the Real Issues? F. Hendrickx.
Part II. Services of General Economic Interest. 7. Services of General
Interest in European Law: From Pure Ideology via Legal Insecurity to a
Functional Guarantee? S. Wernicke. 8. Do We Need a Framework
Directive for Services of General Economic Interest? S. de Vries. 9.
The Increasing Influence of Primary EU Law on EU Public Procurement Law: Must
a Concession to Provide Services of General Economic Interest be Tendered?
Part III: WTO Law, Services and General Interest. 10. Services of General
Interest and External Trade Policy; M. Krajewski. 11. Services
and Public Policy Exceptions in WTO Law: The Example of the US-Gambling Case;
D. Prévost. Part IV:
Synthesis. 12. Concluding Remarks; J. van de Gronden.