Revista d'Estudis Autonòmics i Federals (Apr 2010)
APROXIMACIÓ AL PROCÉS DE TRANSPOSICIÓ DE LA DIRECTIVA DE SERVEIS: INCIDÈNCIA EN EL SISTEMA DE DISTRIBUCIÓ DE COMPETÈNCIES DISSENYAT PER LA CE I L'EAC
Abstract
The article begins with a statement of aims and content of directive 2006/123/CE, of the European Parliament and Council of 12 December 2006 on servicesin the internal market, highlighting, firstly, that the objective of the Europeanstandard is to establish a set of principles and criteria to obtain a higher levelof economic and commercial competitiveness within the European Union,which, at the same time, enables citizens of the Union to have quality services.Secondly, we analyze the regulations established by the directive foreliminating the administrative burden on the services included within thescope defined by this community guideline; in particular, the simplificationof administrative procedures, the system of authorisations, etc., and the obligationsimposed on Member States in their internal implementation. Wehave confirmed that the Spanish state has begun the process of transposingthe directive through various regulatory projects, with special reference toLaw 17/2009 enacted on 23 November, in regard to free access to its servicesand activities and their exercise. Then we analyze the jurisdictional foundationsfor this guideline in accordance with basic powers cited by the state,on one hand, and, on the other, the powers of the Generalitat in terms of what is established in the new statute of Autonomy (the concept of reinforcedexclusivity, the breakdown of material categories and the incorporationin the Statute of the provision that the Generalitat implement directly Communitylaw within the field of their jurisdiction, including all the constitutionaljurisprudence and emphasizing, finally, the possibility of direct implementationof shared jurisdiction in the event that a European standard wereto replace the State’s guidelines). Under this approach, we conclude that theGeneralitat could directly implement Community law, without need for aninterposed State standard.
