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This article is devoted to the notion of services in the EC law. The author underlines the importance of services in the present economy, employing 116 million people in the EU. He analyses art.50 of the EC Treaty and compares it with the definitions of services in the secondary law. The author identifies 3 phases of the services liberalization: 1) the elimination of discrimination, 2) the elimination...
After two years of intensive works and discussions the services directive was finally adopted in December 2006. However, the final text of the directive was - in the result of compromise between the Council and the European Parliament - watered down in comparison with ambitious Commission's proposal from 2004. In this article the authoress summarizes the most important differences between the project...
According to the European Commission, the proper functioning of the internal market may be hindered by different national contract laws which cause problems in relation to cross-border contracts. Therefore, it has initiated a debate on finding solutions to approximate certain areas of contract law in order to remove possible barriers. Four solutions have been proposed, among which the idea of adopting...
The Article 54 of the Convention implementing the Schengen Agreement of 19 June 1990 introduces the supra-national dimension of the 'ne bis in idem' principle. The Convention, as included on 1st of May 1999 into 'acquis communautaire' is binding for all the EU Member States and for Iceland, Norway and Switzerland. The limits of the 'ne bis in idem' rule are determined by two expressions: 'final judgment'...
Personal income tax is not subject to harmonization directives. Within income tax we can observe varied ways of remunerating hired employees, shaping the level of people's incomes (disability pensions etc.), different regulations of social issues within income tax, the principles of describing costs of receiving income, construction of tax rates and methodology of shaping progression. The above mentioned...
The most important instrument of the cooperation between the Court of Justice of the EC (further ECJ) and national courts is the institution of preliminary rulings, regulated in art. 234, art. 68 of the EC Treaty and art. 35 of the EU Treaty. In many judgements, the ECJ indicated that it concerns the 'judicial cooperation' through which 'the national court and the Court of Justice, both keeping within...
The paper describes the proposal of 'services directive' (commonly known as the 'Bolkestein directive') in the version rejected by the European Parliament. It discusses the concept and scope of single license and country of origin principle in the wider context of redefinition of Lisbon Strategy objectives. In this analysis the authoress tried to consider if the rejection of Commission proposal will...
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