The rapporteur of the Employment and Social Affairs Committee, Mrs Anne van Lancker (PSE, BE) has commissioned a study to analyse the legal repercussions of the Draft Services Directive and its impact on National Services Regulations.
The study was undertaken by Professor Wouter Gekiere from the Institute for European Law at the Catholic University Leuven in Belgium.
The study notes that the current draft is likely to create legal uncertainty for both the providers and recipients of services, unless it takes into account the following observations.
Scope: the draft directive’s approach to defining ’Services’ is very broad but does not take into account the special features of public services and the values that they represent.
Relationship with other Community initatives: the draft complements and overlaps with some EU initiatives and legislation but it also anticipates areas of planned legislation.
The country of origin principle and minimum harmonisation will not establish sufficient trust between Member States and service providers
Posting of workers: there are conflicts between the requirements and responsibilities of Directive 97/71/EC and the draft Directive on Services.
Recognition of regional competencies: In many Member States, regional authorities are empowered to regulate/manage services that are covered by the Directive.
