Freedom to Provide Services

Daniel Futej – Andrej Králik

The completion of the internal market of the Communities involves removing of material, technical, legal and tax obstacles also with regard to freedom to provide services. Indeed, services represent a paramount and continuously increasing branch of economies of EU Member States. Freedom to provide services encompasses performing of economic activity during particular limited period of time in the Member state, where the provider of a service or its lender does not own any business. It follows from the very character of the freedom to provide services in the framework of the Common market that in order to enjoy his rights on the basis of the principle of freedom to provide services, the provider shall establish a permanent business facility in any of Member States. The importance of the category of freedom to provide service is involved in that it provides the legal protection to activities, which are not covered by other freedoms of the internal market. The authors of this chapter besides the legal basis and the possibilities of the legal restriction of freedom to provide services also pay attention to those kinds of services, which are specifically regulated in acquis communautaire – such as the banking and financial services, insurance business and legal services.