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 Luxembourg. 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.
Please note that the answers to this questionnaire were given at the state of the law in Luxembourg as of 21 July 2011. Please note that the Services Directive (SD) has not yet been fully implemented as of the date of this report in Luxembourg and that some answers below were given on the basis of a draft bill that is still under discussion in Parliament. I cannot exclude the possibility that some amendments would be fulfilled.
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Notes
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For more details regarding that point, please refer to the initial draft bill no. 6022.
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For more details regarding this electronic signature, please refer to its development in the answer to question 2.1.1.
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A public key infrastructure is based on a technology linking a private key, held only by the user, and a public key, known by everyone. These two keys form a single pair and a third person can check, using the public key, if a message or signature indeed originates from a specific private key. LuxTrust, as a certification authority, adds to this technology very involved procedures of user identification before giving out a private key. It then creates a digital certificate containing the user’s public key as well as data relating to the user’s identity. LuxTrust electronically signs this certificate so that it can no longer be amended and to ensure that the third identification procedures of the user have been met. The high standards that LuxTrust selected for the technology used and its procedures guarantee that a third person, for example, the application provider, can trust the contents of the certificate and may at any time check its validity with LuxTrust.
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Centre Européen des Consommateurs GIE de Luxembourg.
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Law of 1 September 1988—Loi du 1 septembre 1988 relative à la responsabilité civile de l' état et des collectivités publiques (Mémorial A no. 51 du 26 septembre 1988), modifiée par la Loi du 13 juin 1994 relative au régime des peines (Mémorial A no. 59 du 7 juillet 1994).
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© 2012 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors/editors
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Melchior, A. (2012). The Implementation of the Services Directive in Luxembourg. 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_17
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DOI: https://doi.org/10.1007/978-90-6704-840-8_17
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