Bolkestein directive

The Bolkestein directive or Services Directive, officially Services in the Internal Market Directive 2006/123/EC, is a European Union law aiming at establishing a single market for services within the European Union (EU). Drafted under the leadership of the former European Commissioner for Internal Market Frits Bolkestein, it has been popularly referred to by his name. It was seen as an important kick-start to the Lisbon Agenda which, launched in 2000, was an agreed strategy to make the EU "the world's most dynamic and competitive economy" by 2010.

The directive was harshly criticised by left-wing European politicians, trade unions and citizens, who stated that it would lead to competition between workers in different parts of Europe – hence the expression "Polish plumber" – resulting in social dumping. After the 2004 original draft had been substantially amended, the proposal was approved on 12 December 2006 by the European Parliament and Council, and adopted as the Directive 2006/123/EC. The Directive has been criticised by right-wing politicians in some member states, because it has led, in their opinion, to uncontrollable migration into their countries.^{[citation needed]}

Devised by the European Commission in March 2004, the first draft of the Services Directive propounded several important changes in the EU services market. Assuming every piece of regulation to be burdensome by default, the Directive required member states to justify all existing legislation on the grounds that it was non-discriminatory, necessary and proportional.

However, the changes proposed in the Directive would have not affected the professions, to which the rules of the country where the services are provided would continue to apply under the Directive on the Recognition of Diplomas. Nor, contrary to the popular belief that, for example, a Polish plumber could work in France under Polish labour law), would the changes have affected social legislation or health and safety at work (HSW). In these social fields the Posting-of-Workers Directive requires that short-term social protection, such as minimum wages and HSW, is governed by the rules of the country where the services are provided (the host country), while long-term benefits, such as pension and unemployment benefit contributions, remain with the country of origin (to which the posted workers returns after the service is over).

Legally the Directive did not bring anything into EU law that was not already in the EC Treaty as interpreted by the Court of Justice. The "country of origin" principle had been gradually introduced into EU law on the freedom of movement of goods in the Cassis de Dijon case (1979) and into other areas, notably services and establishment, soon after. Secondary legislation cannot introduce rights and obligations that do not already have a basis in the Treaty. In this respect, the original draft of the Services Directive was not a novelty, but a clarification of the case law of the European Court of Justice, and a continuation of the "country of origin" principle, which had already been applied in the TV Without Frontiers Directive, the Second Banking Directive, the Third Insurance Directive, the E-Commerce Directive and others.

The first version of the Bolkestein Directive provoked intense debate and mass protests in various EU countries, including France, Belgium, Sweden and Denmark. On 21 March 2005 nearly 100,000 people marched in Brussels to protest against the Directive. Critics argued that the Directive would erode many of the Member States' regulations governing industry and the environment, and would lead to competition between workers in different parts of Europe, resulting in a decline in income levels. The expression "Polish plumber" became famous during the French debate about the Directive, referring to the fear that under the Directive a Polish plumber would be able to work in France under Polish labour laws. Critics also charged that the Directive was a sign that "Anglo-Saxon" economic policy was running rampant over the EU and claimed that the Directive would inevitably lead to "social dumping" as companies and jobs were relocated to the lower-cost and less regulated economies of eastern Europe. They also claimed, falsely, that the Directive would have an adverse effect on social legislation and HSW (when, as mentioned above, it would have no effect on either).

On 22 March 2005 EU leaders agreed on a "far reaching" revision of the Directive to preserve the European social model. French President Jacques Chirac told an EU summit in Brussels that the changes planned by the Directive were "unacceptable". Jean-Claude Juncker of Luxembourg declared: "If France wishes to eliminate the risk of social dumping, this will be addressed in the framework of the legislative procedure and of co-decision, which has been initiated." Modifications to the Directive were introduced at a later stage, in the normal course of the EU legislative process.

On 1 July 2005 the UK, which was in favour of the Directive, took the chair of the presidency of the Council of the European Union. In Tony Blair's speech to the European Parliament on 23 June he committed the UK Presidency to try to "resolve some of the hard dossiers," of which the Services Directive was one. However, agreement was not achieved during its presidency.