Studying Law at RomaTre

Academic Year 2018-2019

Fall Semester (October 1 - December 21, 2018)

Course

State and Market in European Union Law

Prof. Micaela Lottini



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


Fall Semester, 2018
7 CFUs (Legal English)


starting friday 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, competition, public procurement) 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.

Learning Objectives

At the end of this Course, successful students will:

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; 

understand the effects that the application of European rules and principles have on member States’ administrative law;

have developed critical skills of analysis and interpretation of the EU economic ‘Constitution’;

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. Active participation of the students will be highly appreciated and encouraged. 


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.. At the end of the course student will have to pass an examination.



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.


Course Schedule
 
Class    Topic Date
1. Introduction, general overview of the course
 
5.10
2. Free movement of goods I
  • the concept of goods in the FEU Treaty
  • measures having an equivalent effect to quantitative restrictions.
8.10
3. Free movement of goods I
  • the case law of the European Court of justice
11.10
4. Class discussion on the judgements of the ECJ
 
12.10
5. Free movement of goods  II
  • derogations to the application of the Treaty regulations on goods.
15.10
6. Free movement of goods  II
  • the case law of the European Court of justice
18.10
7. Class discussion on the judgements of the ECJ
 
19.10
8. Free movement of services I
  • the concept of service in the FEU Treaty
22.10
9. Free movement of services I
  • the case law of the European Court of justice
25.10
10. Class discussion on the judgements of the ECJ
 
26.10
11. Free movement of services II
  • derogations to the application of the Treaty regulations on services
29.10
12. Free movement of services II
  • the case law of the European Court of justice
2.11
13. Class discussion on the judgements of the ECJ
 
5.11
14. Free movement of workers I
  • the concept of worker in the FEU Treaty
8.11
15. Free movement of workers I
  • the case law of the European Court of justice
9.11
16. Class discussion on the judgements of the ECJ
 
12.11
17. Free movement of workers II
  • the derogations to the application of the Treaty regulations on workers
  • the public service derogation
15.11
18. Free movement of workers II
  • the case law of the European court of justice
16.11
19. Class discussion on the judgements of the ECJ
 
19.11
20. The SOLVIT network
 
22.11
21. The SOLVIT network
  • documentation and cases
23.11
22. Class discussion on the SOLVIT network
 
26.11
23. The European Ombudsman 29.11
24. The European Ombudsman
  • decisions of the EO
30.11
25. Class discussion on the decisions of the EO
 
3.12
26. IMI The internal market information system 6.12
27. The European professional card 7.12
28. Revision 10.12
  Examination
 
date to be notified
     
     

 

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