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L12521 Diritto Industriale e della Concorrenza - EU Internal Market Law
Scuola di Diritto
Syllabus
Academic Year 2016/17 Second Semester
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Learning Objectives
At the end of the course the student will be able to solve problems raising one or more of the various legal issues connected with the European single market.
Learning targets
The course aims at providing students with a thorough understanding of the legal regime of the European internal market, which is approached from a broader perspective including EU competition law.
To this end, fundamental provisions laid down in the Treaty on the Functioning of the European Union (TFEU) as regards both free movement (of goods, services, persons and capital) and competition, as interpreted by the settled but evolving case law of the Court of Justice of the European Union (CJEU), on the one hand, and some of the key instruments enacted by the EU legislature, on the other, will be dealt with.
Course Content
This is an advanced course of EU law. Accordingly, a good knowledge of the main features of EU legal order, although not mandatorily required, is highly recommended.
The course deals with the legislative framework aimed at ensuring the establishment and the proper functioning of a Europe-wide "internal" market, embracing the territories of all Member States.
In this perspective, it is divided in two parts.
The first part addresses the "fundamental freedoms", that is the complex of rules aimed at ensuring that goods, services, persons and capital freely move from one Member State to another. This includes not only the basic provisions laid down by the TFEU, preventing national rules from hampering intra-EU trade (so-called "negative integration"), but also legislative acts adopted by EU institutions in many different areas, which harmonise national rules whose diversity may hinder market integration (so-called "positive integration").
The second part deals with EU competition law, concerning either undertakings (prohibitions on anti-competitive agreements and abuse of dominance) or Member States (State aid). The public and private enforcement of these rules will be also touched upon.
In doing so, due attention will always be paid to the case-law of the Court of Justice of the European Union.
Course Delivery
The course will run under a workshop format requiring active students’ involvement. Lectures are held throughout the entire semester.
Students are responsible for LEARNING the material before coming to class and for PROVIDING a meaningful contribution to the discussion led by the instructor; they are required to provide accurate and sensible answers and comments whenever personally quizzed by the instructor (it will happen several time during each lecture) and to contribute new and original ideas.
Students are responsible for consulting on a regular basis the website of the course on “my.liuc.it” where updates, additional material and slides about the course are posted. No excuse will be accepted for any failure during the course they may incur into due to a delayed consultation of the website.
Two review questions, relating to the two parts of the course (market integration and competition), are scheduled.
Course Evaluation
Oral examination.
Syllabus
| Session 1 21/02/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Introduction to the course Readings: |
| Session 2 23/02/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Market integration in the European Union. A) Economic and Political Reasons for Constructing a European Single Market B) What is EU Internal Market Law? C) The ideal models of market integration D) The enforcement of freedoms of movement Readings: |
| Session 3 28/02/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Part I. – EU primary law on the single market: the “fundamental” freedoms of movement. A proper single approach to the fundamental freedoms
Readings: |
| Session 4 02/03/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: What is an “obstacle” to free movement according to the CJEU's case law? Principles of non discrimination and mutual recognition. Readings: |
| Session 5 07/03/2017 Time: 11:00 Hours of lesson: 0 Instructor: G. Vitellino | Topics: Whait is an “obstacle” to free movement according to the CJEU's case law? The principle of free access to the market Readings: |
| Session 6 09/03/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Justifications to restrictions on free movement i) the objective pursued by the restrictive measure at stake: the reasons of general interest ii) the appropriateness and proportionality of the restrictive measure. Readings: |
| Session 7 21/03/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Part II. - The role of EU secondary law in the construction of a EU single market: the harmonisation of national laws Readings: |
| Session 8 23/03/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: The "positive"market integration: the harmonisation of national laws. EU powers to regulate the market. The scope of Art 114 TFEU. Readings: |
| Session 9 28/03/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: The “Services Directive” Directive 2006/123/EC of 12 December 2006
Readings: Barnard C., Unravelling the Services Directive, in Common Market Law Review 45: 323-394, 2008; or Barnard C., The Substantive Law of the EU, OUP, 4th ed., 2013, pp. 357-363, 414-428; or Wyatt and Dashwood's, European Union Law, Hart Publishing, 6th ed., 2011, p. 599 et seq.
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| Session 10 30/03/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: The freedom to provide services under Art 16 of Directive 2006/123 The country of origin principle (cp Art 3 Directive 2000/31 ecommerce)
Readings: CJEU, 25 October 2011 in Joined Cases C-509/09 and C-161/10, eDate Advertising and Martinez, paras. 53 et seq. Vitellino G., "Rome II from an Internal Market Perspective" in Malatesta A. (Ed.), The Unification of Choice of Law Rules on Torts and Other Non-Contractual Obligations in Europe. The “Rome II” Proposal, Padova, Cedam, 2006, pp. 271-300 |
| Session 11 06/04/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Case study Students discuss some selected cases
Readings: |
| Session 12 11/04/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Review questions in the field of freedom of movement Readings: |
| Session 13 02/05/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Part III. - EU competition law: general remarks Readings: |
| Session 14 04/05/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Cartels and anti-competitive agreements Readings: |
| Session 15 09/05/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Abuse of dominance Readings: |
| Session 16 11/05/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Public and Private enforcement of EU competition law Readings: |
| Session 17 18/05/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Case study Readings: |
| Session 18 23/05/2017 Time: 11:00 Hours of lesson: 2 Instructor: G. Vitellino | Topics: Review questions in the field of EU competition law Readings: |
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