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date: 02 June 2020

Abstract and Keywords

The free movement of services is a sensitive aspect of the internal market. Economically, because large cost differences between states make competition in services markets fierce and destabilizing. Socially and politically, because that competition has consequences not just for conventionally economic activities but also for traditionally public services such as education and healthcare, as well as for contested services such as gambling and abortion, and even for non-economic organizations such as trade unions. The fact that almost all central elements of the primary law on services are ill defined in the case law then takes on a particular significance. This chapter considers the definitions of a service and its economic nature, the nature of a restriction on the movement of services, horizontal effect, and interpretation by the Court of Justice of mandatory requirements and Treaty derogations.

Keywords: internal market, free movement, free movement of services, economic activities, Court of Justice, public services, horizontal effect, derogations mandatory requirements

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