The Transposition and Enforcement of the Services Directive: A Challenge for the European and the National Legal Orders

Abstract

In the European Union, after a long and arduous struggle, agreement was reached on the adoption of the so-called Services Directive in 2006. This Directive aims to create a level playing field for services and to remove all remaining regulatory and administrative obstacles for service transactions in and between Member States. The present short contribution focuses not on the substantive aspects of the Directive but rather highlights its institutional and constitutional impact. Attention is drawn to the great challenge facing the European and national legal orders when it comes to the successful transposition and effective enforcement of its provisions. In order to rise to this challenge and meet the objective of a fully liberalized services market in Europe, a radical alteration in ECJ caselaw appears all but inevitable.