Directive on services in the internal market
| European Union directive | |
| Title | Directive on services in the internal market |
|---|---|
| Made by | European Parliament & Council |
| Made under | Articles 47(2) and 55 |
| Journal reference | L376, 27 December 2006, pp. 36-68 |
| History | |
| Date made | 12 December 2006 |
| Came into force | 28 December 2006 |
| Implementation date | 28 December 2009 |
| Current legislation | |
The Services in the Internal Market Directive 2006/123/EC (also called the "Bolkestein Directive") is an EU law aiming at establishing a single market for services within the European Union (EU). Drafted under the leadership of the former European Commissioner for the Internal Market Frits Bolkestein, it has been popularly referred to by his name. It was seen as an important kick-start to the Lisbon Agenda which, launched in 2000, was an agreed strategy to make the EU "the world's most dynamic and competitive economy" by 2010.
The Bolkestein Directive was harshly criticised by left-wing European politicians, who stated that it would lead to competition between workers in different parts of Europe — hence the expression "Polish plumber" — resulting in social dumping. After the 2004 original draft had been substantially amended, the proposal was approved on 12 December 2006 by the European Parliament and Council, and adopted as the Directive 2006/123/EC.
Devised by the European Commission in March 2004, the first draft of the Services Directive propounded several important changes in the EU services market. Assuming every piece of regulation to be burdensome by default, the Directive required member states to justify all existing legislation on the grounds that it was non-discriminatory, necessary and proportional.
However, the changes proposed in the Directive would have not affected the professions, to which the rules of the country where the services are provided would continue to apply under the Directive on the Recognition of Diplomas. Nor, contrary to the popular belief that, for example, a Polish plumber could work in France under Polish labour law), would the changes have affected social legislation or health and safety at work (HSW). In these social fields the Posting-of-Workers Directive requires that short-term social protection, such as minimum wages and HSW, is governed by the rules of the country where the services are provided (the host country), while long-term benefits, such as pension and unemployment benefit contributions, remain with the country of origin (to which the posted workers returns after the service is over).
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