Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-03-12-Speech-1-071"

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"en.20070312.17.1-071"2
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". Madam President, ladies and gentlemen, the Committee on Legal Affairs has tried, through in-depth debate, to be consistent in setting out the legal problems that the services directive throws up, not least in relation to health services, and on which the Commission will no doubt also have something to say. The lead committee – that on employment and social affairs – has largely taken our proposals on board, and for that I have to say that I am grateful. We saw it as important that we should put on record the considerable doubts in the Committee on Legal Affairs’s mind as to whether a European regulation can actually improve social services for the public where they are, and we have the same doubts as regards its efficiency. In any case, any regulation considered by the Commission must have an unambiguous legal basis, and we do not believe that Article 16 of the European Communities Treaty can serve as one in this instance, which is, in the Committee on Legal Affairs’ view, a classic example of where the subsidiarity principle should apply. At Member State level, social services take the most diverse forms, having developed in line with their own traditions and being funded in wholly different ways. Subsequently, the Committee on Legal Affairs decided that the subsidiarity principle meant that it was for the Member States alone to define what social services of general interest actually are, and this is another important point that was incorporated into the report. The obvious consequence of this is that the Commission cannot claim any right to lay down definitions by, for example, pointing to differing interpretations of concepts in the case law of the Court of Justice and elsewhere. I also want to draw the House’s attention to the contradiction between paragraphs 12 and 16 in the justification, of which we have taken note and which we have therefore not incorporated into the text of the report."@en1

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