Environmental Services, Permits and the ‘Bolkestein Directive’

On 12 December 2006, the Services Directive was adopted by the European Parliament and the Council. This Directive has to be implemented by all Member States by 28 December 2009. Although the Services Directive aims at creating a single services market, it also has an effect on environmental issues. This essay outlines the relevant provisions of the original proposal as well as the final version, focussing on their environmental impact. It describes the strong resistance which the original proposal provoked, leading to a largely adapted result. This essay will further relate the innovative Services Directive to the development of community law and European case law respectively, outlying the similarities and the tensions. It will also focus on the implementation handbook, which gives practical assistance to the Member States to transpose the Directive into domestic law. The analysis will conclude by stating whether or not the Services Directive maintains a good balance between complete market freedom and environmental protection.

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