Jump to ContentJump to Main Navigation
Regulating Services in the European Union$
Users without a subscription are not able to see the full content.

Vassilis Hatzopoulos

Print publication date: 2012

Print ISBN-13: 9780199572663

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199572663.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 April 2021

Judge‐made Regulation in the Field of Services

Judge‐made Regulation in the Field of Services

(p.179) 5 Judge‐made Regulation in the Field of Services
Regulating Services in the European Union

Vassilis Hatzopoulos

Oxford University Press

The legal rules applicable to the free provision of services in the EU cannot be explored without an extensive examination of the case law. Such a study is necessary not only to trace the evolution of the application of the various rules and principles, but also to determine the precise content of the legal rules applicable in this field of EU law. This is the object of this chapter. Looking into the Court's case law, one may identify several broad service categories in which the numerous Court of Justice of the EU judgments build up an important body of regulatory principles and, even, introduce specific rules. Although the process is gradual and, at times, erratic, the ensuing judge-made ‘regulation’ is often as detailed as regulation through legislation. Indeed, judge-made rules in some areas serve as a substitute to legislation, while in others they complete the legislation in place; taxation being a special case. The positivist sector-specific presentation is followed by some more horizontal and normative considerations concerning the role of secondary legislation and the fields in which it could develop in the near future.

Keywords:   EU law, case law, services regulation, judge-made rules

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .