An Opportunity to Strengthen Freedom of Enterprise and Free Competition in Spain: The Implementation of the Services Directive (2006/123/CE) in the regional regulation (in Spanish)

Abstract

The implementation of the EU Services Directive (2006/123/CE) should entail a boost of freedom of enterprise and free competition in the services sector in Spain. Although a proper interpretation of both these constitutional principles should have already led to the elimination of many barriers and administrative obstacles to the exercise of business activities in Spain, the need to implement the EU Services Directive into Spanish Law will produce that result directly and immediately. However, repealing or amending regional and local regulations that contravene the requirements of the Directive is one of the most problematic issues posed by the transposition. So far, despite the coordination efforts, the EU Services Directive introduces a new concept of public involvement in service activities of great practical significance and the implementation process to date provides a glimpse into some obstacles and difficulties in fulfilling the mandates of the Services Directive Directive at regional and local level.

Note: Downloadable document is in Spanish.

Keywords: Services industry, competition, deregulation, freedom of enterprise, EU Services Directive, Regional Regulation, Spain

JEL Classification: H77, K23, L80