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L12521 Diritto Industriale e della Concorrenza - EU Internal Market Law
Scuola di Diritto
Syllabus
Academic Year 2017/18 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 an in-depth understanding of the legal regime of the European internal market, apporached in a broad perspective.
To this purpose, fundamental provisions laid down in the Treaty on the Functioning of the European Union (TFEU) on both free movement (of goods, services, persons and capital) and competition, as interpreted by the Court of Justice of the European Union (CJEU), will be dealth with. Some of the key instruments enacted by the EU legislature will be covered as well.
Course Content
This is an advanced course of EU law. Accordingly, a good knowledge of the main features of EU legal system, 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, the course will cover, on the one hand 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").
On the other hand, the course will offer an insight into also in EU competition rules, concerning either undertakings (prohibitions on anti-competitive agreements and abuse of dominance) or Member States (State aid).
In all cases, due attention will always be paid to the case-law of the Court of Justice of the European Union.
Course Delivery
The course will be interactive, 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.
Review questions will also be duly scheduled and submitted to the students twice during the course.
Course Evaluation
Students attending classe will be verified during the course through both discussions and debates and review questions.
For all students an oral examination will take place at the end of the course.
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