Repositioning Free Movement of Services: A Substantive Perspective on the Structure and Dynamics of the Internal Market

Van Leeuwen, Barend

Abstract

In the last decades, free movement of services has obtained a “central” and “connecting” position in the structure of the EU internal market. This position has an important impact on the relationship between positive and negative integration in the internal market. Empirical analysis of the CJEU’s case law on Article 56 TFEU and the Services Directive in the period of 2014 to 2023 shows that there is still a significant amount of negative integration in the field of services. Moreover, there is a significant amount of interaction between positive and negative integration. Because of the nature, aim and scope of legislation in the field of services, it is often difficult for the CJEU to demarcate the “boundaries” between the respective scopes of application of positive and negative integration. Therefore, it is important to develop a harmonious relationship between positive and negative integration, which should be characterised as a “mentoring relationship”.

Citation

Van Leeuwen, B. (2025). Repositioning Free Movement of Services: A Substantive Perspective on the Structure and Dynamics of the Internal Market. Common Market Law Review, 62(3), 705-746

• Journal Article Type: Article
• Acceptance Date: Mar 31, 2025
• Online Publication Date: Jun 15, 2025
• Publication Date: 2025-06
• Deposit Date: Mar 31, 2025
• Publicly Available Date: Jun 15, 2025
• Journal: Common Market Law Review
• Print ISSN: 0165-0750
• Publisher: Kluwer Law International
• Peer Reviewed: Peer Reviewed
• Volume: 62
• Issue: 3
• Pages: 705-746
• Public URL: https://durham-repository.worktribe.com/output/3746593
• Publisher URL: https://kluwerlawonline.com/journalarticle/Common+Market+Law+Review/62.3/COLA2025042