The Case Law of the ECJ concerning the Free Provision of Services : 2000 - 2005. Research Papers in Law, 2/2006

Introduction. The present overview covers the period starting from 2000 until the end of 2005.1 This is the follow-up to our overview covering the 1995-1999 period.2 The first striking feature of the present contribution is that it has to deal with almost 3,5 times as many cases as the previous one. Hence, the ECJ has gone from deciding 40 cases in the five year period between 1995- 1999 to deciding over 140 cases based on Art 49 between 2000-2005. This confirms, beyond any doubt, the tendency already observed in our previous overview, that a “third generation” case law on services is being developed at a very rapid pace by the ECJ. This third generation case law is based on the idea that Article 49 EC is not limited to striking down discriminatory measures but extends to the elimination of all hindrances to the free provision of services. This idea was first expressed in the Tourist Guide cases, the Greek and Dutch TV cases and most importantly in the Säger case.3 It has been confirmed ever since. As was to be expected, this broad brush approach of the Court’s has led to an ever-increasing amount of litigation reaching Luxemburg. It is clear that, if indicators were used to weight the importance of the Court’s case law during the relevant period, services would score much higher than goods, both from a quantitative and from a qualitative perspective.4 Hence, contrary to the previous overview, this one cannot deal in detail with any of the judgments delivered during the reference period. The aim of the present contribution is restricted to presenting the basic trends of the Court’s case law in the field of services Therefore, the analysis follows a fundamentally horizontal approach, fleetingly considering the facts of individual cases, with a view to identifying the conceptual premises of the Court’s approach to the free movement of services. Nonetheless, the substantial solutions adopted by the Court in some key topics, such as concession contracts, healthcare services, posted workers and gambling, are also presented as case studies. In this regard, the analysis is organized in four sections. First we explore the (ever expanding) scope of the freedom to provide services (Section 2), then we go on to identify the nature of the violations and of justifications thereto (Section 3), before carrying out some case studies to concretely illustrate the above (Section 4). Then, for the sake of completeness, we try to deduce the general principles running through the totality of the relevant case law (Section 5). Inevitably, some concluding remarks follow (Section 6).5

Reverse Offshoring of Services: The New Wave of Emerging Offshorers. ACES Working Papers, August 2010

Offshore outsourcing of services accelerated at the end of 1990s in developed countries. In recent years, developing countries have also offshored services, not only to developed countries but also to other developing countries. Yet, to date little attention has been paid to the emergence of this reverse offshoring. The focus of this research is on the determinants of reverse offshoring of services; as such we will investigate what drives these firms from developing countries to offshore services.

One year after the Youth Guarantee: Policy fatigue or signs of action? EPC Policy Brief, 27 May 2015

In April 2013, the EU Council called on EU member states to establish Youth Guarantee (YG) schemes, ensuring that “all young people under the age of 25 years receive a good-quality offer of employment, continued education, apprenticeship or traineeship within a period of four months of becoming unemployed or leaving formal education”. Implementation was meant to start more than a year ago, but political interest seems to have waned a bit. Is a ‘policy fatigue’ contaminating youth employment policies across the EU? Have some timid signs of economic recovery led to youth unemployment being less urgent or are we witnessing the usual policy developments whereby grand EU statements are worn down by political realities and resistance on the ground? In this Policy Brief, Claire Dhéret and Martina Morosi assess the implementation of the Youth Guarantee and provide suggestions on how to renew a sense of enthusiasm for such an ambitious tool across Europe.

Federal plan for weather radars.

"FCM 73-5."

Federal plan for meteorological rocket observations : fiscal years 1973-1977 /

"FCM 73-2"

Reauthorization of GSA and multiple award program : hearing before the Committee on Governmental Affairs, United States Senate, One Hundred Second Congress, second session, on S. 1958 ... and S. 2619 ... June 11, 1992.

"S. 1958, to authorize functions and activities under the Federal Property and Administrative Services Act of 1949, to amend laws relating to federal procurement, and for other purposes and S. 2619, to amend the Federal Property and Amdinistrative Services Act of 1949 to enact provisions governing the negotiation and award of contracts under the multiple award schedule program of the Feneral Services Administration"

Highway funding: alternatives for distributing federal funds.

Mode of access: Internet.

Federal employment statistics bulletin.

Title from caption.

A method for censusing deer and its application in the Edwards Plateau of Texas.

Contribution of the Federal Aid in Wildlife Restoration Act, Final report for Texas Federal Aid project 25-R, July l, 1946, to March 30, 1948.

Federal plan for meteorological rocket observations.

Mode of access: Internet.

Date guide to birds of western New York and adjacent Ontario.

"An aid to reporting unusual observations."

Education in India = Bhārata meṃ śikshā.

To supplement the quinquennial reviews. cf. Introd. in 1913/14 issue.

Annual state aid entitlement statistics ... , Illinois public schools.

Mode of access: Internet.

Financial aids to Illinois students.

Cover title 1987-1988 ed.: Financial aid to Illinois students.

Fiscal procedures for special education pupil reimbursement.

Compilation of procedures and instructions, supported by rules and regulations filed with the Secretary of State, to assist local education agencies in claiming reimbursement.