Efekty handlowe ewolucji prawa swobodnego przepływu usług. Bilans dwudziestolecia istnienia rynku wewnętrznego UE

Abstract

Free movement of services is one of the most important freedoms of the internal market of the European Union. The primary provisions concerning that freedom were included in the Treaty establishing the European Economic Community, but unfortunately this sphere of economy was not fully liberalised by the end of the 1980s. The implementation of three other freedoms creating the internal market of the EU pushed the regulatory and liberalisation process in the service industry. Freedom to provide services is linked with other freedoms: especially free movement of persons and capital. Elimination of border control in the EU is one of the most substantial steps towards an integrated European market in terms of not only labour market, but services as well. It helped service providers to cross the border within the EU without any additional administrative or legal obstacles, what makes their services available EU wide. On the other hand, due to the elimination of passport control many customers can go to other Member States and buy services from service providers form other Member States. It increases the value of intra-trade in services within the internal market of the EU. Moreover, creation of the economic and monetary union forced EU politicians and decision-makers to implement free movement of capital, what was a basis for the introduction of free movement of financial services. According to the research outcomes one may state that the freedom to provide services is extremely important to EU entrepreneurs. In terms of value, the flow of services within the EU is bigger in comparison to external service trade of the EU, Japan or the US. It means that EU entrepreneurs are much more interested in offering their services within the EU internal market. It is worth underlining that the three subsequent enlargements in 1995, 2004 and 2007 had the biggest, the most substantial and positive impact on intra-EU services trade. It seems that the services directive, implemented partially and with many derogations and the directive on posted workers limiting the economic activities of service-providers had a much smaller effect on the internal market of services within the European Union, as it was foreseen.