"The proposed Bolkestein Directive sets out to lift all restrictions on the provision of services. In a big departure from the traditional Community law approach of harmonizing existing national legislation to create common rules, this proposal actually aims to perpetuate differences between national rules so as to fuel undercutting competition. Centrally, the draft directive will authorize businesses in one Member State to provide services in the territory of another provided they comply with the rules in their country of origin. Also, Community checks on the provisions in the state where the service is being provided will be tightened up. Some provisions are prohibited, while others are “questionable” and can only be maintained if the Member State can show an overriding reason like protection of occupational health (necessity), that they are non-discriminatory and are proportional to the objective pursued. This latter requirement brings in value judgements of political expediency. Employers could attempt to have many national provisions struck down by claiming that the rules are too stringent and that more limited measures would be more in line with the proportionality principle. ..."

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