Global and European Constraints Upon National Right to Regulate: The Services Sector

210 Pages Posted: 4 Mar 2008

See all articles by Stefano Battini

Stefano Battini

Università di Viterbo - DISTU

Giulio Vesperini

Università degli studi della Tuscia

Benedetto Cimino

Università degli studi della Tuscia

Giuliano Fonderico

affiliation not provided to SSRN

Mariangela Benedetti

affiliation not provided to SSRN

Sabrina Quintili

affiliation not provided to SSRN

Simona Morettini

affiliation not provided to SSRN

Maurizia Debellis

affiliation not provided to SSRN

Elisabetta Morlino

affiliation not provided to SSRN

Alessandro Tonetti

affiliation not provided to SSRN

Date Written: February 29, 2008

Abstract

This volume brings together research aimed at shedding light on a general problem, by focusing specifically on the services sector. In the WTO system, the services sector is regulated by the General Agreement on Trade in Services (GATS); in the European system, it is regulated by a broad and complex body of rules, combining judge-made principles with those embodied in the secondary legislation, which codifies and applies these principles to different regulated sectors.

The general problem at the core of this study stems from the difficulty in striking a balance between two important needs. One the one hand, there is the need to recognise national authorities' right to autonomously regulate and govern in their own territory. On the other hand, there is the need to limit this power of autonomous regulation, mainly to protect the right of foreign economic operators to access the national market and function in conditions of equality with respect to all other operators.

This problem is addressed from the particular perspective of administrative law. The premise underlying the various contributions is that supranational (global and European) law constrains domestic regulation (and domestic administrations) largely through techniques and procedures drawn from administrative law. Sovereignty-limiting procedures developed by national legal systems in order to protect citizens have been readapted by supranational public powers to protect the rights of foreign economic operators and to realise the goal of market integration.

This administrative law perspective also gives shape to the structure of this volume, which is divided into three thematic areas. Each area corresponds to a category of constraints imposed by supranational administrative law upon States' right to regulate.

Keywords: wto, european union, administrative law, services

Suggested Citation

Battini, Stefano and Vesperini, Giulio and Cimino, Benedetto and Fonderico, Giuliano and Benedetti, Mariangela and Quintili, Sabrina and Morettini, Simona and Debellis, Maurizia and Morlino, Elisabetta and Tonetti, Alessandro, Global and European Constraints Upon National Right to Regulate: The Services Sector (February 29, 2008). Available at SSRN: https://ssrn.com/abstract=1099844 or http://dx.doi.org/10.2139/ssrn.1099844

Stefano Battini (Contact Author)

Università di Viterbo - DISTU ( email )

Via San Carlo, 32
Viterbo, 01100
Italy

Giulio Vesperini

Università degli studi della Tuscia ( email )

Rettorato, Via S.M.in Gradi n.4
Viterbo, 01100
Italy

Benedetto Cimino

Università degli studi della Tuscia ( email )

Rettorato, Via S.M.in Gradi n.4
Viterbo, 01100
Italy

Giuliano Fonderico

affiliation not provided to SSRN ( email )

Mariangela Benedetti

affiliation not provided to SSRN ( email )

Sabrina Quintili

affiliation not provided to SSRN ( email )

Simona Morettini

affiliation not provided to SSRN ( email )

Maurizia Debellis

affiliation not provided to SSRN ( email )

Elisabetta Morlino

affiliation not provided to SSRN ( email )

Alessandro Tonetti

affiliation not provided to SSRN ( email )

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