Studying Law at RomaTre

Academic Year 2020-2021

Fall Semester (October 1 - December 18, 2020)

Course

State and Market in European Union law 2020

Prof. Micaela Lottini



Room n. 267 – Office hour (before and after each lecture)


STARTING MONDAY OCTOBER 5

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).

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 article 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 and structured to optimise active participation through by public discussions, mainly focused on the case-law of the Court of Justice of the European Union. All students will have to give their contribution to the debates based on the topics dealt with in class and could be asked to comment in writing decisions of the CJEU. Slides will be made available through the eLearning platform. In case of emergency due to COVID-19 the lectures will be held on-line and the ways of participation in class will be decided during the Course.


Assessment tools and attendance policy
 
In order to obtain the 7 CFUs, attendance of the lectures is compulsory and all students will have to give their contribution to the debates held in class. Students’ evaluation will be based on class work and two final exams: written and oral. The written exam consists of an open question (chosen between two options) that students will have to give an answer to in one hour and a half. In the event that the written exam in class cannot be held due to the COVID-19 emergency, students will be asked to write a paper. The oral exam will be held on a different day and in case it is necessary due to the COVID 19 emergency it will be held on-line. The votes of the written and oral exam range from a minimum of 18/30 to a maximum of 30/30 cum laude, depending on the level of knowledge of the topics dealt with in class, critical reasoning, the capacity to manage the time limits and to use the English language. Changes to this scheme could be decided in relation to the composition of the class or other overriding reasons. 


Course textbook(s)
A selection of readings from various sources will be used, including several decisions of the European Court and documents of the European institutions that will be made available along with a set of slides. 
No text book will be used. 
Some materials are optional and students can use them to deepen their knowledge of specific topics. 
Slides, academic papers, cases and other materials will be made available through the E-learning platform at the beginning of the Course, however students will be encouraged to make their own research.

As readings, among others:

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. (at our library -   INT 343.2407 SAU).



Course Schedule
Class/date  Topic Materials
1.

5.10
Introduction, general overview of the Course (the internal market and administrative law)

 
slides
2.

8.10
National administrative systems and EU law. The liberalisation Directives of national public services
 
slides
3.

9.10
The liberalisation of the job placement market (Case Job Centre, C-55/96, of 11 December 1997)
 
slides
4.

12.10
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’
 
slides
5.

15.10
Class discussion on the decisions of the ECJ
 
slides
6.

16.10
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)
 
slides
7.

19.10
Class discussion on the decisions of the ECJ
 
slides
8.

22.10
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)
 
slides
9.

23.10
Class discussion on the decisions of the ECJ
 
slides
10.

26.10
The rules of the European economic Constitution. Freedom to provide services and freedom of establishment (articles 56, 57 and 49 TFEU)
 
slides
11.

29.10
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).
 
slides
12.

30.10
Class discussion on the decisions of the ECJ
 
slides
13.

2.11
The concept of service (Humbel, C-263/86, of 27 September 1988)
 
slides
14.

5.11
Comprehensive application of the rules on free movement of services (Commission v. France, C-154/89, of 26 February 1991)
 
slides
15.

6.11
Free movement of workers (art. 45 TFEU)
 
slides
16.

9.11
What is a ‘worker’? (Ninni, C-413/00, of 6 November 2001 and Bettray, C-344/87 of 31 May 1999)
 
slides
17.

12.11
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) slides
18.

13.11
Class discussion on the decisions of the ECJ
 
slides
19.

18.11
Free movement of goods (articles 34 e 35 TFEU); what is a good? (case Commission v Italy, C-7/6, of 10 December 1968).

 
slides
20.

16.11
Measures having equivalent effect to a quantitative restriction (case Dassonville, C-8/74 of 11 July 1974) slides
21.

19.11
The mutual recognition principle (case Cassis de Dijon, C-120/78, of 20 February 1979)
 
slides
22.

20.11
The role of national public administrations for the integration of the internal market; the new European governance and the principle of administrative cooperation;
 
slides and article indicated in class

 
23.

23.11
The SOLVIT network slides and article indicated in class
24.

26.11
IMI - The internal market information system
 
slides and article indicated in class
25.

27.12
The European professional card Slides and article indicated in class
26.

30.12

 
Class discussion on the new tools for the  integration of the internal market slides
27.

3.12
The European policy on animal welfare and art. 13 TFEU slides and article indicated in class
28.

4.12
Revision  
date to be notified Examination
 
 
     
     
 
 

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