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EU Law, Establishment and Services

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    I just have a quick question relating to the EU legislation surrounding the issues of the freedom of establishment and the provision of services. I know that there are two main provisions: Articles 49 and 56 of the TFEU, and then there is also the Services Directive 2006/123. I'm just not sure what really distinguishes the two; ie: in what situations you would rely on the Treaty to protect someone's rights, and in what situations you would use the Directive.

    This is for the GDL, by the way, and in a specimen exam paper I have, it explicitly says in the question 'The Directive is relevant to this scenario' (which obviously indicates that you should use it). But I'd like to know the legal justification for using one over the other.



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Updated: June 9, 2012
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