Abstract
The EU Services Directive (SD) is a centrepiece for the realisation of the Internal Market in the services sector aiming at considerably lowering the barriers for service provision in the EU. This chapter therefore analyses the transposition and implementation of the requirements of the SD into the national (administrative) law system of Austria. This chapter treats all relevant requirements of the SD, such as the Point of Single Contact (POSC), the screening of national law according to the requirements of the SD, the adaption of authorisation schemes for service provision, the requirement of ‘tacit authorisation’, and the need for new rules on administrative cooperation. Finally an assessment of the impact of the SD on the national (administrative) law system is provided.
Dr. Danguolė Bublienė, Vilnius University and Advocate at Baltic Legal Solutions (Danguole.Bubliene@lt.blslawfirm.com); Prof. Skirgailė Žalimienė, Vilnius University and Judge at the Supreme Administrative Court of Lithuania (szalimiene@lvat.lt).
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- 1.
The English version of the Civil Code is published at the website http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=377611&p_query=&p_tr2.=
- 2.
Article 2.79 of the Civil Code provides the following:
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1.
Where the requirements specified in the regulations of licensing are fulfilled an open-ended licence shall be issued.
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2.
Except as otherwise provided by law, licence for the engagement in a certain activity or a written motivated refusal to issue a licence shall be submitted to an applicant within thirty days as of the day on which the documents for the issuance of a licence were produced.
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3.
Refusal to issue a licence may not be based on the inexpediency of activities and has to be motivated.
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4.
Information on the issuance of a licence, its revocation and withdrawal shall be stored in the register of legal persons. The licensing authority must notify the register of legal persons about the issuance, revocation and withdrawal of licences in accordance with the procedure established by the regulations of the register of legal persons.
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5.
Upon the issuance of a licence a legal person must supply information specified in the licensing requirements and related to the licensed activities or conditions predetermining the issuance thereof and allow the institution for the supervision of licensed activities to verify it.
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6.
Stamp tax for the issuance of a licence shall not exceed the costs of the issuance of a licence and supervision thereof.
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1.
- 3.
With the exception of small amendment that establish the rule that special rules regarding institutional cooperation can be established in the Services Law.
- 4.
Information was taken from the website www.vrm.lt.
- 5.
Information was taken from the website www.ukmin.lt.
- 6.
Order No. 83 of the Prime Minister was adopted on 3 March 2008.
- 7.
The Conception on the Services Law adopted by the Regulation of the Government of 15 April 2009, No. 330.
- 8.
The Civil Code provides the requirements for the proceedings of the licensing of economic activities of legal persons.
- 9.
The self-assessment report, prepared by the Ministry of Economy.
- 10.
The Law on Services adopted by the Law of 15 December 2009, No. XI-570 (http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=361342&p_query=&p_tr2=).
- 11.
The Public Administration Law was adopted by the Law of 17 June 1999, m. No. VIII-1234 (http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=363063).
- 12.
The end of July 2010.
- 13.
The translation of the law provided on the Seimas website uses the word establishment. Other sources use either the word organisation or institution.
- 14.
A state legal person is understood to be an institution, organisation established by the state or other state institution, as well as municipality or institution, or organisation established by a municipality whose main aim is public administration or public services.
- 15.
The English version of the law is published at http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=372028&p_query=&p_tr2=.
- 16.
- 17.
This function of the POSC implemented the Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC.
- 18.
On the website www.verslovartai.lt, if a service provider wants to use the services provided by the e-government portal, he or she must be one of the users of the Internet banking system of the listed commercial banks or have a class 2 or class 3 personal digital certificate, issued by a qualified e-mail service provider. If the service provider is using a bank that is not included in the list, he or she must connect through a previous portal version. It is also provided that the service provider’s personal data (name, surname, personal ID) existing in the bank or certification Centre will be used for registration in the portal. Any other information existing in the bank or certification centre (e.g., accounts and money operations) is not provided from the bank or certification centre.
- 19.
The preliminary list of authorisations granted in Lithuania may be found at http://www.ukmin.lt/lt/veikla/veiklos_kryptys/paslaugu-direktyva/. However, in the meantime, this list has not been updated and includes authorisations that were to be abolished due to implementation of the SD. This list is available only in Lithuanian.
- 20.
The relevant provision of the SD (Article 12 (2)) has the wording ‘the provider whose authorisation has just expired’. It can be argued whether or not the strict period of 10 days is in line with the sense of Article 12 (2) of the SD. In any case, it appears that the Lithuanian provision is not linguistically clear enough, because it is not obvious which period covering the moment of expiration of an authorisation is meant, a maximum of 10 days before the given moment or a minimum.
- 21.
Valstybės žinios, 16 May 2009, Nr. 57-2245, Order of the Minister of Economy of the Republic of Lithuania of 8 May 2009, No. 4-216; repealed as of 1 January 2010; see http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=343970.
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© 2012 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors/editors
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Bublienė, D., Žalimienė, S. (2012). The Implementation of the Services Directive in Lithuania. In: Stelkens, U., Weiß, W., Mirschberger, M. (eds) The Implementation of the EU Services Directive. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-840-8_16
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DOI: https://doi.org/10.1007/978-90-6704-840-8_16
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