Student guide Faculty of Law A.Y. 2008/09

European Union and Community Law (Advanced Course)
BERNASCONI SARA, Esercitazioni
1. The Community's internal market: concept, origins and current development.

2. Free movement of goods.
2.1 Sphere of application.
2.2 The abolition of customs duties and taxes with an equivalent effect.
2.3 The prohibition of quotas, and measures with an equivalent effect, on the import and export of goods.
2.4 (cont.) Measures applicable in all cases, and the imperative requirements of the general interest; legislation relating to sale procedures.
2.5 (cont.) The principle of mutual recognition and harmonisation of national legislation.

3. Free movement of persons.
3.1 Free movement of employed workers.
3.2 Free movement of self-employed workers, and mutual recognition of educational qualifications.
3.3 From the free movement of labour to the "area without internal borders".

4. The right of establishment and freedom to provide services.
4.1 The various methods of carrying on a business of intracommunity dimensions.
4.2 The right of establishment: the principle of national treatment, which is overridden by Community case law.
4.3 The prohibition of restrictions on free cross-border provision of services.
4.4 (cont.) Limitations on the freedom to provide services designed to safeguard the general interest; in particular, posting of workers and Directive 96/71/EC.
4.5 The principle of the State of origin in Community case law and derivative law: in particular, Directive 2000/31/EC on electronic commerce, and the draft Framework Directive on Services in the Internal Market.

5. Free movement of capital.
5.1 The development of the "fourth freedom" before the Treaty of Maastricht.
5.2 The provisions introduced by the Treaty of Maastricht and their interpretation by the Court of Justice.

An oral exam will be held at the end of the course. In view of the specialist nature of the course, attendance at lectures is strongly recommended. Students who attend lectures will be asked to prepare and present essays on specific aspects of the syllabus, and these essays will be taken into account at the final exam.
Reading list
For students who attend lectures, the exam will be based on the course notes and materials distributed at lectures.

Students who do not attend lectures will be expected to be familiar with the teaching materials obtainable from the Faculty website or deposited in the Law Institute's offices, and the following textbook:
Strozzi, G., (ed.), Diritto dell'Unione Europea. Parte speciale, Giappichelli, Turin, 2005, 2nd ed. (to p. 293).