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...

Full description

Saved in:
Bibliographic Details
Main Author: Savković Vladimir
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2024-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2024/0003-25652404749S.pdf
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1832096740859183104
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