L82444 EU Internal Market Law

Scuola di Diritto
Syllabus
Academic Year 2015/16 First Semester

foto
Docente TitolareGaetano Vitellino
E-mailgvitellino@liuc.it
Office"Torre" (main tower), 3rd floor
Phone0331 572372

Learning Objectives

At the end of the course the student will be able:

a)   to solve problems concerning issues of free movement within the European single market;

b)   to elaborate written papers on the issues above, applying the proper theoretical and methodological approach acquired, as regards in particular the case law of the European Court of Justice. 

Learning targets

This advanced course aims to provide students with a thorough understanding of the basic rules of the Treaty on the Functioning of the European Union (TFEU) concerning the internal market, one of the most important areas of EU substantive law. This will be achieved by analysing the case law of the European Court of Justice and key secondary legislation with regard to the free movement of goods, persons, services and capital as well as their interactions, and competition rules applying to undertakings.

Course Content

The course will provide a detailed coverage of the four fundamental freedoms of movement not only as enshrined in the provisions of the TFEU, but also as implemented by many acts of secondary legislation, some of the most important of which will be thoroughly dealt with (for instance, Directive 2006/123/EC, so called Services). In the same perspective, competition rules applying to undertakings will also be considered. Due attention will be paid to the case-law of the European Court of Justice.

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. It means to be able 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.

In preparing for lectures students are required to know any detail of the required readings (relevant primary and secondary EU rules, case law of the European Court of Justice, but also academic papers from top journals).

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.

Students are also required to submit written papers and to discuss them in the class. They may work individually or in group, under the supervision of an instructor. Students are supposed to give properly motivated legal advices on cases which raise one or more problems of EU internal market law.

Course Evaluation

For students attending classes, grade is based on class participation (40%) and on the discussion of their written paper (60%). Participation in the experiential lab is an integral part of the course evaluation. All other students should pass an oral examination.

Syllabus

Session 1
23/04/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Introductory Lecture

1) The European Union in the framework of the international legal order; the various legal means of cooperation between States; the international organisations.

2) Free interstate trade and market integration in the European Union.

Readings:

Session 2
24/09/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Market integration in the EU: Introductory remarks.

·       Definition of market integration

·       Market integration and legal pluralism: how to solve vertical and horizontal conflicts of norms within the internal market?

·       Different ideal models of market integration

 

Economic and Political Reasons for Constructing a European Single Market

·       Economic rationale: the benefits of free trade according to Ricardo's theory of comparative advantage

·       How to remove barriers to cross-border trade?

·       Different stages of market integration: Free trade area vs Customs union; customs union vs common market

·       Political rationale: the Functional Approach to European integration

 

 

Readings:

  • C. Barnard, The Substantive Law of the EU. The Four Freedoms, Oxford University Press, 4th ed., 2013: Chapter 1, Introduction to the issues, 3-30.
  • J. Snell, The Internal Market and the philosophies of market integration, in C. Barnard, S. Peers (Eds.), European Union Law, Oxford University Press, 2014, 300-324.
  • Art 26 TFEU.

Further Readings

  • European Commission, White Paper on Completing the Internal Market, COM(85) 310 final.
  • European Commission, Communication on A single market for 21st century Europe, COM(2007) 724 final.
  • M. Monti, Report on A new strategy for the single market, 9 May 2010.
  • European Commission, Communication on the Single Market Act, COM(2011) 206 final.
  • European Commission, Communication on Single Market Act II, COM(2012) 573 final
Session 3
30/09/2015
Hours of lesson: 2
Instructor: S. Bernasconi

Topics:

Experiential Lab.

Readings:

Session 4
01/10/2015
Hours of lesson: 2
Instructor: S. Bernasconi

Topics:

Experiential Lab.

Readings:

Session 5
07/10/2015
Hours of lesson: 2
Instructor: S. Bernasconi

Topics:

Experiential Lab.

Readings:

Session 6
08/10/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

The notion of “obstacle” to free movement (of goods, services and establishment) in the case law.

Readings:

  • ECJ 20 February 1979, Case 120/78 Rewe-Zentral, s. c. Cassis de Dijon.
  • ECJ 25 July 1991, Case C-288/89 Gouda.
Session 7
14/10/2015
Hours of lesson: 2
Instructor: S. Bernasconi

Topics:

Experiential Lab.

Readings:

  • ECJ 12 March 1987 Case 178/84, Commission v Germany.
  • ECJ 5 February 2004, Case C-442/02, Caixa Bank France.
Session 8
15/10/2015
Time: 11:00
Hours of lesson: 2
Instructor: S. Bernasconi

Topics:

Experiential Lab.

Readings:

  • C. Barnarnd, The substantive law of the EU, 4th ed., OUP, 2013, ch. 6 “Derogations and justifications” and ch. 13 “Derogations, limitations conditions and justifications”.
Session 9
21/10/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

The notion of “obstacle” to free movement (of goods, services and establishment) in the case law.

Readings:

  • ECJ 24 November 1993, Joined Cases C-267/91 and C-268/91, Keck et Mithouard.
  • ECJ 10 February 2009 , Case C-110/05, Commission v Italy (trailers).
  • ECJ 8 March 2001, Case C-405/98, Gourmet International
  • P. Craig, G. De Burca, EU Law. Text, cases and materials, 5th  ed. (or latest), OUP, 2011, ch. 19 "Free movement of goods: quantitative restrictions" (with the exception of paras. 9-10)

    Further readings

  • C. Barnard, The Substantive Law of the EU, 4th ed. (or latest), OUP, 2013
  • J. Snell, The notion of Market Access: A Concept or a Slogan?, in (2010) Common Market Law Review, 437 ff.
  • G. Vitellino, Rome II from an Internal Market Perspective, in A. Malatesta (ed.), The Unification of Choiche of Law Rules on Torts and Other Non-Contractual Obligations in Europe, Cedam, 2006, 271 ff.
Session 10
22/10/2015
Hours of lesson: 2
Instructor: S. Bernasconi

Topics:

Experiential Lab.

Readings:

  • ECJ 9 March 1999, Case C-212/97, Centros.
  • ECJ 5 November 2002, Case C-208/00, Überseering.
  • ECJ 16 December 2008, Case C-210/06, Cartesio.
Session 11
28/10/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Case study: methodology.

Readings:

Session 12
29/10/2015
Hours of lesson: 2
Instructor: S. Bernasconi

Topics:

Experiential Lab.

Readings:

  • ECJ 13.12.2005 SEVIC Systems
  • Directive 2005/56/EC on cross-border mergers of limited liability companies
  • Regulation (EC) 2157/2001 on a European Company (SE)
  • Wyatt and Dashwood's European Union Law, 6th (or latest) ed., Hart, 2011, chapters 20.I and 21, 647 ff.
Session 13
04/11/2015
Hours of lesson: 2
Instructor: S. Bernasconi

Topics:

Experiential Lab.

Readings:

  • Dir. 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member States
  • ECJ 2.10.2003, Case C-148/02, Garcia Avello
  • ECJ 14.10.2008, Case C-353/06, Grunkin and Paul
  • C. Barnard, The Substantive Law of the EU, OUP, 2013, ch. 8 "Introduction to the free movement of persons", p. 229 ff. and 12 "Union Citizenship", p. 417 ff.

Further readings:

  • S. O'Leary, Free movement of persons and services, in P. Craig, G. De Burca, The Evolution of EU Law, OUP 2011, p. 499 ff.
  • T. Ackermann, Case C-148/02, Carlos Garcia Avello v État Belge, in Common Market Law Review, 2007, p. 141 ss.
Session 14
05/11/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Case study.

Readings:

Session 15
11/11/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

The role of EU secondary law: harmonisation of national laws and the proper functioning of the internal market.

Readings:

C. Barnard, The substantive law of the EU, 4th ed. (or latest), OUP, 2013, ch. 14 "Regulating the Internal Market", p. 633 ff.

Session 16
12/11/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Free movement of goods.

Readings:

Readings indicated in advance.

Session 17
18/11/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

The freedom to provide and receive services.

Readings:

ECJ case-law indicated in advance.

Session 18
19/11/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Free movement of services: The “Services Directive”.

Readings:

  • Directive 2006/123/EC of 12 December 2006
  • ECJ case law indicated in advance.
Session 19
25/11/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Free movement of workers.

Readings:

Session 20
26/11/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

The posting of workers in the framework of the provision of services within the EU.

Readings:

  • Directive 96/71/EC of 16 December 1996.
  • ECJ case-law indicated in advance.
Session 21
02/12/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Free movement of capital and payments.

Readings:

Session 22
09/12/2015
Hours of lesson: 2
Instructor: G. Vitellino

Topics:

Case study.

Readings:


in order to have access to the complete syllabus please enter on the student self service