Studying Law at RomaTre

Academic Year 2019-2020

Fall Semester (October 1 - December 20, 2019)

Course

State and Market in European Union law 2019

Prof. Micaela Lottini



(micaela.lottini@uniroma3.it)
Room n. 267 – Office hour (before and after each lecture)

Fall Semester, 2019
7 CFUs (Legal English)

starting friday october 4

Monday      10:15 –12
Thursday    10:15 – 12
Friday        10:15 – 12



Course Description 
The Course focuses on the ways in which the European Courts define and delimitate the spheres of the market and State and how they interpret the relationship between these two categories. In particular, the Course deals with the rules which constitute the European economic ‘Constitution’ (free movement, public procurement, etc.) and the derogation to their application (services of general economic interest, public interest justifications, etc.). Specific interest is then paid on how the interpretation and the application of the European economic ‘constitution’ have affected the internal administrative law of the member States, in regard to the concept of public service or public undertaking and, more in general, to the activity of national administrations. The Course also focuses on the new tools for the internal market integration provided by the strategy developed by the European Commission. The last part of the Course is dedicated to the analysis of the European policy on animal welfare.
More in particular, the Course is divided into four sections:
I. General overview of the concept of internal market and administrative law, focussing on some examples of how Each and every aspect of the national administrative systems (of all member States) has been affected by EU law. The liberalisation directives of national public services; The liberalisation of the job placement market (Case Job Centre, C-55/96, of 11 December 1997). the particular case of local public services (cases RISAN, C-108/989 September 1999 and coname, c-231/03 of 21 July 2005) and the concept of ‘european relevance’. The internal market (art. 26 tfeu and case Commission v UK, C-207/83 of 25 April 1985). Negative and positive integration. the non-discrimination principle (art. 18 tfeu and Art. 21 of the Charter of Fundamental Rights). The definition of ‘market’, ‘economic activities’, undertakings and ‘public activities’ (Commission v Italian Republic, C-118/85, of 16 June 1987; Viacom Outdoor, C-134/03, of 17 February 2005). Class discussions on the judgements of the ECJ.
II. The rules of the European economic constitution. Freedom to provide services and freedom of establishment (articles 56, 57 and 49 TFEU) and the exceptions to their application (articles 51-55 TFEU). Activities which in that State are connected, even occasionally, with the exercise of official authority (Advocate General Mayras, Opinion in the Reynes case C-2/74, of 21 June 197). The concept of service (Humbel, C-263/86, of 27 September 1988). Comprehensive application of the rules on free movement of services (Commission v. France, C-154/89 of 26 February 1991). Free movement of workers (art. 45 TFEU). The concept of worker (Ninni, C-413/00, of 6 November 2001 and Bettray, C-344/87 OF 31 May 1999). Art. 45, n. 4, the employment in the public service (Lawrie-Blum, C-66/85 of 3 July 1986 and Commission v. France, C-307/84 of 3 June 1986). Free movement of goods (article 34 e 35 TFEU); DEFINITION of good (case Commission v Italy, C-7/6, OF 10 December 1968). measures having equivalent effect to a quantitative restriction (case Dassonville, C-8/74 of 11 July 1974). The mutual recognition principle (case Cassis de Dijon, C-120/78, of 20 February 1979) Decisions on free movement of goods (Commission v. Italy, 5 February 2004, C-270/02 and Commission v. Italy, C-193/80, of 9 December 1981). Class discussion on the judgements of the ECJ.

III. The role of national public administrations for the integration of the internal market. The new European governance and the principle of administrative cooperation. The new tool for the integration of the internal market provided by the strategy developed by the European Commission, such as, SOLVIT, the internal market information system-IMI, the European professional card, etc.).

IV The last part of the course is dedicated to the analysis of the European policy on animal welfare, having particular regard to the interpretation and application of art. 13 TFEU.


Learning Objectives
At the end of this Course, successful students will:
A) be familiar with the more general issues involving EU administrative law, with the relevant internal market regulations and their application and interpretation by the European Court of Justice; B) have understood the effects that the application of the European rules and principles have on member States’ administrative law; C) have developed critical skills of analysis and interpretation of the EU economic ‘Constitution’; D) have understood the new forms of European governance and the new strategies of integration of the European Commission based in particular on the principle of administrative cooperation; D) have improved verbal and written communication skills with specific regard to European law and administrative law.


Learning and Teaching
Lectures will be held in English. They will be followed by public discussions mainly focused on the case law of the European Court of Justice meant to encourage active participation of the students during the course. Also students will be asked to comment in writing decisions of the ECJ. Slides will be made available through the eLearning platform.


Assessment tools and Attainment of 7 CFUs
In order to obtain the 7 CFUs, attendance is compulsory. During the Course all students will have to give their contribution to several debates based on the topics which have been the object of the lectures. Students‘ evaluation will be based on class work, and a final written exam consisting in an open question.


Course textbook(s)
A selection of readings from various sources will be used, including several decisions of the European Courts and documents of the European institutions that will be indicated in class.
Moreover, as readings:
M. Lottini, Correct application of EU law by national public administrations and effective individual protection: the SOLVIT network, in “Review of European Administrative Law”, 3, 2, 2010, pp. 5-26;

M. Lottini, An instrument of intensified informal mutual assistance: the internal market information system (IMI) and the protection of personal data, in “European Public Law”, 1, 2014, pp. 104-125;
M. Lottini, The SOLVIT network and the effective enforcement of EU law: what is new?, in S. Drake and M. Smith (edited by), “New Directions in the Effective Enforcement of EU Law and Policy”, Edward Elgar Publishing, Cheltenham, 2016, pp. 130-151;

M. Lottini, The European Professional Card a new single market governance tool, in “Rivista Italiana di Diritto Pubblico Comunitario”, 5, 2017, pp. 1254-1268.

As optional readings:

M. Lottini, The SOLVIT network and unlawful decisions of national administrations: ‘governing’ the new challenges and problems of the internal market integration, in J.M. Beneito -  J. Maillo (Directors) and J. Corti e P. Milla (Coordinators) “Fostering growth in Europe: Reinforcing the internal market”, University CEU San Pablo Ediciones, Madrid 2014, pp. 463-482;

M. Lottini, Informal networks of administrative cooperation and the management of information, in “Rivista Italiana di Diritto Pubblico Comunitario”, 2, 2012, pp. 3012-320;

M. Lottini, From ‘administrative cooperation’ in the application of European Union law to ‘administrative cooperation’ in the protection of European right and liberties, in “European Public Law”, 1, 2012, pp.127-147;

M. Lottini, Mixed (semi-public) companies and the provision of “public services” : a recent Opinion of the Italian Council of State, in “European Public Private Partnership Law Review”, 3, 2007, pp.135 -140;
W. Sauter and H. Schepel, State and market in European Union law, Cambridge University Press, 2009, pp. 30-74. (il libro è disponibile presso la nostra biblioteca-   INT 343.2407 SAU.
Academic papers, cases and materials will be downloaded through the E-learning platform before the beginning of the course. 

Course Schedule
 
Class    Topic Date
1. Introduction, general overview of the Course (the internal market and administrative law)

 
4.10
2. National administrative systems and EU law. The liberalisation Directives of national public services
 
7.10
3. The liberalisation of the job placement market (Case Job Centre, C-55/96, of 11 December 1997)
 
10.10
4. The particular case of local public services (cases RISAN, C-108/989, of September 1999 and coname, C-231/03 of 21 July 2005). The  concept of ‘European relevance’
 
11.10
5. Class discussion on the decisions of the ECJ
 
14.10
6. The internal market (art. 26 TFEU and case Commission v UK, C-207/83, of 25 April 1985). Negative and positive integration. The non-discrimination principle (art. 18 TFEU and art. 21 of the Charter of Fundamental Rights)
 
17.10
7. Class discussion on the decisions of the ECJ
 
18.10
8. The definition of ‘market’, ‘economic activities’, undertakings and ‘public activities’ (Commission v Italian Republic, C-118/85, of 16 June 1987; Viacom Outdoor, C-134/03, of 17 February 2005)
 
21.10
9. Class discussion on the decisions of the ECJ
 
24.10
10. The rules of the European economic Constitution. Freedom to provide services and freedom of establishment (articles 56, 57 and 49 TFEU)
 
25.10
11. The exceptions to their application (articles 51-55 TFEU). Activities which are connected, even occasionally, with the exercise of official authority (Advocate General Mayras, Opinion in the Reynes case C-2/74, of 21 June 197).
 
28.10
12. Class discussion on the decisions of the ECJ
 
31.10
13. The concept of service (Humbel, C-263/86, of 27 September 1988)
 
4.11
14. Comprehensive application of the rules on free movement of services (Commission v. France, C-154/89, of 26 February 1991)
 
7.11
15. Free movement of workers (art. 45 TFEU)
 
8.11
16. What is a ‘worker’? (Ninni, C-413/00, of 6 November 2001 and Bettray, C-344/87 of 31 May 1999)
 
11.11
17. Art. 45, n. 4, the employment in the public service (Lawrie-Blum, C-66/85, of 3 July 1986 and Commission v. France, C-307/84, of 3 June 1986) 14.11
18. Class discussion on the decisions of the ECJ
 
15.11
19. Free movement of goods (articles 34 e 35 TFEU); what is a good? (case Commission v Italy, C-7/6, of 10 December 1968).

 
18.11
20. Measures having equivalent effect to a quantitative restriction (case Dassonville, C-8/74 of 11 July 1974) 21.11
21. The mutual recognition principle (case Cassis de Dijon, C-120/78, of 20 February 1979)
 
22.11
22. The role of national public administrations for the integration of the internal market; the new European governance and the principle of administrative cooperation;
 
25.11
23. The SOLVIT network 28.11
24. IMI - The internal market information system
 
29.11
25. The European professional card 2.12
26. Class discussion on the new tools for the  integration of the internal market 5.12
27. The European policy on animal welfare and art. 13 TFEU 6.12
28. Revision 9.12
  Examination
 
date to be notified
     
     
  

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