Dienstleistungsfreiheit und Herkunftslandprinzip (English shop)

Prinzipielle Möglichkeiten und primärrechtliche Grenzen der Liberalisierung eines integrierten europäischen Binnenmarktes für Dienstleistungen

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In the post-industrial services union, national regulatory mechanisms are increasingly at risk of being drawn into the undertow of cross-border, if not border-negating, demand. In the course of the steadily advancing Europeanisation of regulatory concerns formerly belonging to the Member States, this is accompanied by a formative regulatory responsibility on the part of the European legislator. Taking services law as its example, this work examines the fundamental possibilities and the primary-law limits of liberalising the European internal market. In doing so, it seeks to resolve the ever-topical field of tension between national interests worthy of protection on the one hand and purpose-bound supranational interests on the other by juxtaposing the country-of-origin principle and the country-of-destination principle. In dubio pro communitate, services law in Europe is first linked to the country-of-origin principle, in order subsequently to protect the Member States’ sovereignty interests adequately by means of the countervailing country-of-destination principle. This principle-based approach enables the author to place the prevailing systematisation of the freedom to provide services in Europe on a new doctrinal foundation. Current liberalisation measures, such as the Services Directive which entered into force on 28 December 2006, can also be taken into account. On the basis of the results previously obtained, these can be coherently integrated into the overall structure of internal market law and their regulatory implications reconciled with national constitutional law.