Understanding the residual nature of the freedom to provide services: Delineating the scope of application
Freedom to provide services is specific in relation to rest of the fundamental freedoms of the European Union (EU) internal market in a way that, save for certain specific situations, it applies to cross-border activities of a commercial nature only in situations in which (provisions regulating) oth...
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Format: | Article |
Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2024-01-01
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Series: | Anali Pravnog Fakulteta u Beogradu |
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Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2024/0003-25652404749S.pdf |
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author | Savković Vladimir |
author_facet | Savković Vladimir |
author_sort | Savković Vladimir |
collection | DOAJ |
description | Freedom to provide services is specific in relation to rest of the fundamental freedoms of the European Union (EU) internal market in a way that, save for certain specific situations, it applies to cross-border activities of a commercial nature only in situations in which (provisions regulating) other freedoms are not applicable. Apparently, this so-called "residual nature" of the freedom to provide services makes understanding the borderlines between free provision of services and the rest of fundamental freedoms of the EU internal market even more important, since it causes additional need for establishing such difference in various situations. This article aims to provide additional guidance in that regard. It does so primarily in the context of the ratione materiae scope of application, by scrutinizing some of the most relevant case law of the Court of Justice of the European Union (CJEU) and offering corresponding comments and conclusions. |
format | Article |
id | doaj-art-526df876961a46b890f490a40fe64b5e |
institution | Kabale University |
issn | 0003-2565 2406-2693 |
language | English |
publishDate | 2024-01-01 |
publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
record_format | Article |
series | Anali Pravnog Fakulteta u Beogradu |
spelling | doaj-art-526df876961a46b890f490a40fe64b5e2025-02-05T12:18:33ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932024-01-0172474976910.51204/Anali_PFBU_24406A0003-25652404749SUnderstanding the residual nature of the freedom to provide services: Delineating the scope of applicationSavković Vladimir0https://orcid.org/0009-0003-6070-0754University of Montenegro Faculty of Law, Montenegro, Jean Monnet Chair, Podgorica, MontenegroFreedom to provide services is specific in relation to rest of the fundamental freedoms of the European Union (EU) internal market in a way that, save for certain specific situations, it applies to cross-border activities of a commercial nature only in situations in which (provisions regulating) other freedoms are not applicable. Apparently, this so-called "residual nature" of the freedom to provide services makes understanding the borderlines between free provision of services and the rest of fundamental freedoms of the EU internal market even more important, since it causes additional need for establishing such difference in various situations. This article aims to provide additional guidance in that regard. It does so primarily in the context of the ratione materiae scope of application, by scrutinizing some of the most relevant case law of the Court of Justice of the European Union (CJEU) and offering corresponding comments and conclusions.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2024/0003-25652404749S.pdffundamental freedoms of the european union internal marketfree provision of servicesresidual naturescope of applicationdelineation |
spellingShingle | Savković Vladimir Understanding the residual nature of the freedom to provide services: Delineating the scope of application Anali Pravnog Fakulteta u Beogradu fundamental freedoms of the european union internal market free provision of services residual nature scope of application delineation |
title | Understanding the residual nature of the freedom to provide services: Delineating the scope of application |
title_full | Understanding the residual nature of the freedom to provide services: Delineating the scope of application |
title_fullStr | Understanding the residual nature of the freedom to provide services: Delineating the scope of application |
title_full_unstemmed | Understanding the residual nature of the freedom to provide services: Delineating the scope of application |
title_short | Understanding the residual nature of the freedom to provide services: Delineating the scope of application |
title_sort | understanding the residual nature of the freedom to provide services delineating the scope of application |
topic | fundamental freedoms of the european union internal market free provision of services residual nature scope of application delineation |
url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2024/0003-25652404749S.pdf |
work_keys_str_mv | AT savkovicvladimir understandingtheresidualnatureofthefreedomtoprovideservicesdelineatingthescopeofapplication |