Regulating Trade in Services in the EU and the WTO - Trust, Distrust and Economic Integration

This volume assesses the viability of various theories of economic integration that take into account the legal, economic, political and social challenges of incorporating free trade with retaining the plurality of social welfare standards and consumer protection. Chapters cover the governance of trade in services at the European and global level; studies on the recent Services Directive and how this interacts with the principle of managed mutual recognition and harmonization in different sectors of trade in services (social services, financial services); the recent case law of the European Courts on the enforcement of the principle of free movement of services and how this accommodates various national public interest concerns; and the interaction of the freedom to provide services with fundamental rights, including social rights. The operation of the principle of managed mutual recognition in other economic integration regimes, in particular in the context of the WTO, is also discussed. • Engages with recent and complex case law of the European courts on the regulation of trade in services • Builds an overall theory of economic integration that provides a critical analysis of the EU services directive and subsequent legislative developments • Discusses the tensions between regulatory pluralism and regional or international trade regimes

Introduction Ioannis Lianos and Okeoghene Odudu; Part I. The 'Trust' Theory of Integration: 1. Trust, distrust and economic integration: setting the stage Ioannis Lianos and Johanness Leblanc; Part II. Unpacking the Premises: Mutual Recognition, Harmonization: 2. Forms of mutual recognition in the field of services Vassilis Hatzopoulos; 3. Trust and mutual recognition in the services directive Gareth Davies; 4. Mutual recognition in the global trade regime: lessons from the EU experience Wolfgang Kerber and Roger Van Den Bergh; 5. Public procurement and public services in the EU Chris Bovis; Part III. The Interaction between Pluralism, Trust and Economic Integration: 6. Shifting narratives in European economic integration: trade in services, pluralism and trust Ioannis Lianos and Damien Gerard; 7. Trusting the poles, Mark 2: towards a regulatory peace theory Kalypso Nicolaidis; Part IV. Private Parties and the Economic Integration Process: 8. Who's afraid of the total market? On the horizontal application of the free movement provisions in EU law Harm Schepel; 9. The EU Services Directive and the mandate for the creation of professional codes of conduct Panagiotis Delimatsis; Part V. Seeds of Distrust: Regulatory Competition and Diversity in the Social Sphere: 10. Transborder provision of services and social dumping: rights-based mutual trust in the establishment of the internal market Olivier De Schutter; 11. Reconceptualizing the constitution of Europe's post-national constellation – by dint of conflict of laws Christian Joerges and Florian Rödl; 12. Fundamental rights as sources of trust and voices of distrust in the European internal market Antoine Bailleux; Part VI. Extensions: the Relevance of the 'Trust Theory' of Integration in the Context of the WTO: 13. I now recognize you (and only you) as equal: an anatomy of (mutual) recognition agreements in the GATS Juan A. Marchetti and Petros C. Mavroidis; 14. Importing regulatory standards and principles into WTO dispute settlement: the challenge of interpreting the GATS Arrangements on Telecommunications Robert Howse.