Abstract
The EU Services Directive (SD) is a centrepiece for the realisation of the Internal Market in the services sector aiming at considerably lowering the barriers for service provision in the EU. This chapter therefore analyses the transposition and implementation of the requirements of the SD into the national (administrative) law system of Finland. This chapter treats all relevant requirements of the SD, such as the Point of Single Contact (POSC), the screening of national law according to the requirements of the SD, the adaption of authorisation schemes for service provision, the requirement of ‘tacit authorisation’, and the need for new rules on administrative cooperation. Finally an assessment of the impact of the SD on the national (administrative) law system is provided.
The author is Attorney-at-Law, LL.D., Krogerus Attorneys Ltd.; last updated 20 January/8 June 2010.
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Notes
- 1.
The deadline for implementation was 28 December 2009; the deadline was exceeded by two days, which should be de minimis.
- 2.
Due to the entry into force of the Lisbon Treaty the numbering of the Articles of the Treaty contained in this report and the underlying Questionnaire has changed.
- 3.
Finnish officials noted with interest during preparations for the implementation, the idea of British authorities responsible for the preparation of implementation, whereby national law would not make a distinction between freedom of establishment and freedom to provide services when regulating the possibilities of the Member State imposing limitations on the service activity. To comply with the Directive, a less interventionist approach (in practice, that designed for the freedom to provide services in Article 16 et seq) would have to apply. In Finland at least, this approach was not followed in the end.
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© 2012 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors/editors
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Railas, L. (2012). The Implementation of the Services Directive in Finland. In: Stelkens, U., Weiß, W., Mirschberger, M. (eds) The Implementation of the EU Services Directive. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-840-8_9
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DOI: https://doi.org/10.1007/978-90-6704-840-8_9
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