<http://online.wsj.com/article_print/0,,SB111152956482086775,00.html>

The Wall Street Journal


 March 23, 2005

 REVIEW & OUTLOOK


Out of Service
March 23, 2005

The rhetoric over a proposed liberalization of the European Union's
services market has reached a hysterical pitch in recent weeks. One French
newspaper refers to the reform as the "Bolkestein Nightmare." Protesters
have taken to the streets to oppose what is referred to in the argot of the
left as "social dumping." Frits Bolkestein, the former European
commissioner who authored the directive during the term of the previous
commission, has taken to the airwaves to defend the regulation and to
attempt to calm the waters.

It's time for a reality check. At this point, it seems almost certain that
the so-called services directive will be watered down, perhaps as soon as
at this week's summit in Brussels, if it passes into law at all. But in its
present form, it essentially requires EU member states to allow those
permitted to perform a given service -- architecture, plumbing, etc. -- in
one member state to offer their services in any other EU country.

This is not only simple, it is a right enshrined -- in theory -- in the
EU's oldest founding documents going back 50 years. And it would open up to
competition the 70% of the European economy that remains most in need of
liberalization. The free movement of capital and goods works fairly
smoothly in Europe. The free movement of people works well, with the
exception of the bigoted restrictions on the right of citizens of new
member states to seek work in most of the 15 old ones.

But when it comes to services, the old guard is out in force. Visions of
hordes of Polish plumbers driving French and German ones out of business
have clouded the minds of union leaders and politicians alike. Hard-won
social protections are said to be in jeopardy as poorer, and in some cases
more liberal, eastern member states send cleaners, movers and accountants
-- all supposedly making starvation wages and denied adequate job
protection at home -- westward, lowering standards of service and
destroying Western Europe's economies in the process.

Forgive us for breaking up the angst party, but this isn't going to happen.
There are barriers of language and, in many cases, distance to be overcome,
for one thing. But the real elephant in the room in this debate is that the
barbarians are already inside the gate -- and in many cases they are not
foreigners from east, but longtime neighbors. There isn't a country in
Western Europe in which one cannot contract with some service provider or
other for cash in the black market, reaping a handy discount and saving
your contractor a hefty tax bill in the process. In some cases, this means
dealing with a duly licensed, legitimate businessman who does a little work
on the side, off the books. In others, it means hiring illegals to re-roof
your house or renovate the kitchen.

In either case, many of the rules that are supposed to protect worker and
client alike are more often than not being bypassed in the name of saving a
euro or two. But those euros add up. In some countries in Western Europe,
the black economy has been estimated to equal from a fifth to a third of
the size of the legitimate, tax-paying sector.

The prevalence of the underground economy speaks to the demand for
competition in services, demand that is too often squelched by
protectionist legislation such as the German law that requires three years
of formal schooling to cut hair. Opening up Europe's services sector to
competition from other member states where feasible will not so much mean
the destruction of legal standards as the likely replacement of some
portion of the black market in many sectors with licensed, tax-paying
providers from other member states. It will also, according to the
commission's estimates, create over half a million net jobs and bring
prices down by 7% on average -- the latter a testament to just how coddled
many of these businesses currently are.

"Social dumping" is already here. It's called the black market, and it's
all around us. It is, in a sense, the desideratum of a welfare state so
burdensome that many people can only get by, and many others can only get
service, by circumventing laws.


-- 
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R. A. Hettinga <mailto: [EMAIL PROTECTED]>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'


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