The area of interest of the thesis is the horizontal liberalisation of the free movement of services based on Directives No. 2006/123/EC on services in the internal market, No. 2005/36/EC on the recognition of professional qualifications, No. 96/71/EC concerning the posting of workers in the framework of the provision of services and No. 2000/31/EC on electronic commerce. More precisely the main subject matter can be defined as the shift in the basic legal regime of free movement of services achieved through these four directives compared to the original state, i.e. the general regime under EU primary law as interpreted by the ECJ. The main objective is to analyze and critically assess the extent and significance of this shift. The basic questions are: To what extent is the resulting legal framework formed by the four horizontal directives different from the original situation? Is it merely a codification of the case law of the ECJ or a result of legislator's efforts to liberalise further the regime? To what extent does the liberalised regime enable or support abuse of free movement of services in order to circumvent the national law of the host state? The conclusions are as follows: Owing to the four directives most cross-border services are now covered by EU secondary law. All of these...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:311806 |
| Date | January 2012 |
| Creators | Břicháček, Tomáš |
| Contributors | Král, Richard, Tichý, Luboš, Křepelka, Filip |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/doctoralThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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