Was the exclusion of health care from the Services Directive a pyrrhic victory?

A proportionality test on regulation of health professions

Baeten R.

OSE Paper Series, Opinion Paper No.18, April 2017, 25p.

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In January 2017, the EC launched a proposal for a proportionality test on regulation of professions, including health professions. The proposal closely recalls Article 15 of the Directive on Services in the internal market. Thispaper shows that the concerns that led to the exclusion of health services from the Services Directive apply in the same way to the newly proposed Directive, and analyses why a proposal that is very similar to the text that provoked strong reactions a decade ago, now seems to pass without much controversy.

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