Concept of Requirement

Concept of Requirement in Europe

The concept of requirement in relation to the E.U. Services Directive

The following is an examination of the concept of requirement regarding the European Union Servicies Directive [1]:

The concept of requirement: Requirements covered

The Services Directive applies to those requirements, which affect the access to, or the exercise of, a service activity. As stated in Article 4(7), the concept of requirement covers any obligation, prohibition, condition or any other limitation imposed on service providers (or recipients of services), such as an obligation to obtain an authorisation or to make a declaration to competent authorities. The concept covers any such obligation, prohibition, condition or limitation whether they are provided for in law, regulation or administrative provision and whether they are provided for at national, regional or local level. In addition and in line with the case law of the ECJ28, the Services Directive also applies to any such provision imposed by rules of professional bodies, collective rules of professional associations or other professional organisations which are adopted by these bodies in the exercise of their legal autonomy.

Resources

Notes

  1. Information on the concept of requirement based on the EU Services Directive Handbook, UK Government

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