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piątek, marca 25, 2005

Poland's Service Sector -- Victim's of EU Red Tape

Poland's Service Sector -- Victim's of EU Red Tape


News Poland
In from WBJ:

Recent headlines in the European press indicate that the draft Services Directive is in trouble.

Country of origin has quickly become a lightening rod for opponents. Internal Market Commissioner Charlie McCreevy announced recently his intention to exclude health-care services from the Services Directive in response to growing opposition from national medical associations and other special-interest groups. If excluded, Polish medical professionals wishing to work in other member states will first need to satisfy all local legal requirements.

[T]he provision of services throughout the EU remain subject to restrictions imposed by individual member states, despite the wording of Art. 49 of the EU Treaty -- Restrictions on the freedom to provide services within the Community shall be prohibited... (Art. 49 of the EU Treaty).

The Services Directive goes beyond merely providing the legal framework to ensure the free flow of services by introducing the concept of 'country of origin', by which a service provider will be subject to the laws of his or her home country as opposed to the country in which the service is provided.


More coverage here

EU list of recent countries who violated the spirit of free trade -- Internal Market - Services and establishment - Infringements

Other link -- click here

UPDATE [3/29/05]: "Construction company Biomax was found guilty last Monday of underpaying Polish workers in Denmark. This is one of the first court cases over 'social dumping' in the EU."

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Would the 'country of origin' provision if excluded from Services Directive be good for consumers - that is, ensure safety and best price? Or, is this simply a way for countries to protect themselves (their citizens) from competition from service professionals who come to their country from other EU states, or both? Polish doctors working in Germany for example, would have to go through the process of qualification and credentialing as German doctors do. What about free and fair competition - can these values be reconciled, or are they 'either/or' matters? IN the USA, attorneys must take the state Bar exam in each state they want to practice law in, and the same goes for teachers too --

# posted by ~JS @ 25.3.05

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