Abstract
Article 59 TFEU provides for the issuing of directives with the aim of liberalising specific services. In this regard, Article 59 TFEU plays the same role as that played by Article 50 TFEU in the field of establishment (➔ Article 50 TFEU para 1). Indeed, Article 59 TFEU empowers the EU legislature to adopt sectoral directives in order to accomplish the freedom to provide services within the internal market.
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Notes
- 1.
Truchot, in Pingel (2010), Article 52 CE para 1.
- 2.
Truchot, in Pingel (2010), Article 52 CE para 2.
- 3.
General Programme for the abolition of restrictions on freedom to provide services O.J. 2/32 (1962), English special edition, Series II, Volume IX, p. 3 (1974).
- 4.
See Council Directive 73/148/EEC on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services O.J. L 172/14 (1973). See also the so-called “transitional Directives”: Council Directive 64/222/EEC laying down detailed provisions concerning transitional measures in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small craft industries O.J. L 56/857 (1964), English special edition: Series I Volume 1963–1964, p. 120; Council Directive 64/427/EEC laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) O.J. 117/1863 (1964), English special edition: Series I Volume 1963–1964 p. 148; Council Directive 68/364/EEC laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in retail trade (ISIC ex Group 612), O.J. L 260/6 (1968), English special edition: Series I Volume 1968(II) p. 501; Council Directive 68/366/EEC laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the food manufacturing and beverage industries (ISIC Major Groups 20 and 21), O.J. L 260/12 (1968), English special edition: Series I Volume 1968(II) p. 509; Council Directive 70/523/EEC laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the wholesale coal trade and in respect of activities of intermediaries in the coal trade (ISIC ex Group 6112), O.J. L 267/18 (1970), English special edition: Series I Volume 1970(III) p. 835; Council Directive 74/556/EEC laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of toxic products and activities entailing the professional use of such products including activities of intermediaries, O.J. L 307/1 (1974); Council Directive 75/368/EEC on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of various activities (ex ISIC Division 01 to 85) and, in particular, transitional measures in respect of those activities, O.J. L 167/22 (1975); Council Directive 75/369/EEC on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of itinerant activities and, in particular, transitional measures in respect of those activities, O.J. L 167/29 (1975).
- 5.
Hatzopoulos (2012), p. 239.
- 6.
Case 33/74, Van Binsbergen (ECJ 3 December 1974) para 20–21.
- 7.
Case 33/74, Van Binsbergen (ECJ 3 December 1974) para 27.
- 8.
Superseded by Parliament/Council Directive 1999/42/EC establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications, O.J. L 201/77 (1999); which in turn has been repealed by Parliament/Council Directive 2005/36/EC on the recognition of professional qualifications, O.J. L 255/22 (2005).
- 9.
Kotzur, in Geiger et al. (2015), Article 59 TFEU, para 1.
- 10.
Kotzur, in Geiger et al. (2015), Article 59 TFEU, para 1.
- 11.
Truchot, in Pingel (2010), Article 52 CE para 3.
- 12.
Parliament/Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, O.J. L 158/77 (2004).
References
Geiger, R., Khan, D.-E., & Kotzur, M. (Eds.). (2015). European Union treaties. Munich: C.H. Beck-Hart.
Hatzopoulos, V. (2012). Regulating services in the European Union. Oxford: Oxford University Press.
Pingel, I. (Ed.). (2010). De Rome à Lisbonne. Commentaire article par article des Traité UE et CE. Basle: Helbing Lichtenhahn.
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ECJ 03.12.1974, 33/74, Van Binsbergen, ECLI:EU:C:1974:131 [cit. in para 4, 5]
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Segura Serrano, A. (2021). Article 59 [Liberalisation]. In: Blanke, HJ., Mangiameli, S. (eds) Treaty on the Functioning of the European Union – A Commentary. Springer Commentaries on International and European Law. Springer, Cham. https://doi.org/10.1007/978-3-030-43511-0_60
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