ПРАВО НА ОСНОВАЊЕ И СЛОБОДА НА ДАВАЊЕ НА УСЛУГИ – НОВА ДИНАМИКА НА НИВО НА ЕУ И ПОТЕНЦИЈАЛНИ ПОСЛЕДИЦИ ОД ПРИМЕНА НА ЕУ ПРАВИЛАТА ВО МАКЕДОНИЈА
RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES – NEW DYNAMICS AT THE EU LEVEL AND POTENTIAL CONSEQUENCES OF THE APPLICATION OF EU RULES IN MAC

Summary/Abstract: This paper presents the current situation in the EU in respect to the right of establishment and freedom to provide services. Unlike the previous practise of following positive experiences, Macedonia will have to work in parallel with the Member States (MS) in the process of the transposition and implementation of the Services Directive. The examples presented in the text show that the EU services market is still not open and there is a lot of room for improvement. In time of global economic crisis, it is even more difficult to talk about liberalisation of the market of goods, services, workers and capital, especially considering the measures of MS for protecting domestic markets. Macedonia faces big challenge ahead for implementing the Services Directive, which touches upon large number of legal acts that need revision or withdrawal and requires important reforms of the role of the National Courts protecting the right of establishment and the freedom to provide services and the application of the principles of supremacy and of proportionality.

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