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Regulating Services in the European Union$
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Vassilis Hatzopoulos

Print publication date: 2012

Print ISBN-13: 9780199572663

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199572663.001.0001

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Justifications

Justifications

Chapter:
(p.146) 4 Justifications
Source:
Regulating Services in the European Union
Author(s):

Vassilis Hatzopoulos

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199572663.003.0004

This chapter discusses the justifications for restrictions to the free provision of services. Chapter 3 observed that the overwhelming majority of restrictive measures brought to the attention of the Court are prima facie found to violate the Treaty rules on services. This, however, does not lead the Court to strike systematically down all national measures. That is because many of the measures with protective effects pursue legitimate interests at the same time. Nevertheless, the existence of a legitimate interest does not automatically lead to the absolution of the national measure in question, but is subject to the principle of proportionality. The Court follows a two-prong test, first inquiring into the interest pursued, and then examining whether the restrictive measure is justified.

Keywords:   restrictions, services regulation, EU Court, free provision, Treaty rules

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