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Self-employed and Europe: small businesses and the freedom to provide services

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Article

Lenaerts, Koen

European Journal of Social Law

2011

1

Jan.___Ma1

32-48

EU law ; European Union ; labour law ; self employed ; small scale industry

European Union

English

"The purpose of the present contribution is to examine four concrete aspects of the freedom to provide services which are of interest to SMEs: (1) the recognition of attestations, certifications and other documents, (2) professional qualifications, (3) registration requirements, and (4) other obligations - all of which will be explored in light of both the case law of the ECJ and the relevant secondary legislation. Particular reference is made to the Services Directive (Directive 2006/123/EC of the European Parliament and of the Council). Although it is too soon to determine to what extent the Services Directive will enhance the freedom to provide services, its provisions relating to administrative simplification, administrative cooperation and the quality of services are a welcome development. The EU legislator has clearly been influenced by the ECJ's case law, nevertheless, the codification of that case law is not a redundant effort since it makes the rights at issue more accessible and improves legal certainty. With the adoption of the Services Directive, SMEs now have a legal document setting out their rights."

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