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LUISS Guido Carli

Eu internal market

Programma

ProfessorDaniele Gallo
Course codeM069
General Discipline (SSD)IUS/14
Course Year5
SemesterI Semestre
Course0
Teaching LanguageEnglish
Credits6
Total Workload126
Total Lesson Hours36
Course ContentsThe course constitutes the completion of EU institutional law, studied during the second year.
In the fundamental part of the course the following issues will be studied: origins and development of the internal market; freedom of movement of goods; freedom of movement of persons: EU citizenship, third Countries’ workers and nationals; right to establishment; freedom of movement of services; freedom of movement of capital and payments.
To this end, the fundamental problems concerning the notion of economic activity, the concept of general interest and the restrictive or extensive application of the derogations related to general interests, the relationships between the norms on fundamental freedoms and the other pillars of the economic and social constitution of the EU, including antitrust law and State aid discipline, will be studied.
Some case studies:
irregular migrant citizens; freedom of movement of service providers; freedom of movement of patients; freedom of movement of students; golden shares.
In the final part, considerations will be made on: EU citizenship and the European social citizenship; the relationship between (economic?) freedoms and fundamental rights; the so-called public/private divide and the freedoms of movement; the freedoms of movements and the economic and social constitution.
Reference BooksFor "frequentanti" the book is an additional tool of study, being the slides, materials, notes the object of the exam. For "non frequentanti" the exam will be on the book.
The reference books are:
Chalmers, Davies, Monti, European Union Law, Cambridge, 2014, currently in course of Printing (pages will be indicated during the course)

OR

Weiss, Kaupa, EU Internal Market Law, Cambridge, currenlty in course of Printing (pages will be indicated during the course)


References and texts of the legislation and case-law analyzed during lessons will be published on-line on the chair’s web site.
The other texts used by the teacher will be: Barnard, The Substantive Law of the EU. The Four Freedoms, Oxford, last edition; Craig, De Burca, EU Law, Oxford, last edition (only chapters on freedoms of circulation): Schuetze, EU Law, Cambridge, last edition.
Course Formative ObjectivesThe course aims at providing a deep knowledge of the freedoms of movement (of goods, persons, services – including right to establishment – and capital), as pillars of the European integration process and in light of the innovations introduced by the Lisbon Treaty. In particular, attention will be drawn on the ever-changing and evolutionary case-law of the EU Courts, with special reference to the twofold issue of the dialectic relationship between the EU legal order and national legal orders, and of the ‘just harmony’ between free market principles, social and extra-market values and Welfare State.
PrerequisitesInstitutional knowledge of European Union law, object of the ‘European Union law’ course (2nd year).
Teaching MethodFrontal lecturing V
individual training V
interventions of experts V
case studies V
Assessment MethodWritten test for "frequentanti"
Oral exam for non "frequentanti" or for those "frequentanti" who chose not to take the written test.
Criteria For Deciding On Subject Of Final PaperPositive outcome of the exam, interest in a critical understanding of the subject, good skills in bibliographical and case-law research, adequate knowledge of English (and possibly French).
Extended Program And Reference Reading Material
Week 1Part I: Introduction to the course.
1. A Brief overview on the concept of EU Internal Market.
2. Brief remarks on the Lisbon Treaty.
3. Brief remarks on the response offered by the EU to the sovereign debt crisis.
Week 2Part II: Internal Market and Freedoms of Movement.
1. A concrete perspective on the interplay between internal market and freedoms of movement.
2. The EU Internal Market more in depth.
3. Legal sources in the TFEU on internal market.
4. Competence to legislate derived from TFEU provisions.
5. Different types and techniques of harmonization.
6. Non-economic interests in the internal market and the issue of the balancing between commercial and social values.
Week 3Continued
Week 4Part III: Free Movement of Goods.
1. Overview.
2. Art. 34 TFEU, quantitative restrictions and measures having equivalent: core principles.
3. Dassonville and beyond.
4. Cassis de Dijon and beyond.
5. Keck and beyond.
6. Art. 35 TFEU.
7. Public goods and trade restrictions also, but not only, in the field of goods.
Week 5Continued
Week 6Part IV: Free Movement of Workers.
1. Overview.
2. Art. 45 TFEU: general remarks and definition of worker.
3. Art. 45 TFEU: discrimination, market access and justifications.
4. Public service exception.
5. Regulation 1612/68 and Directive 2004/38.
Week 7Part V: The EU Citizenship.
1. General remarks on the EU citizenship.
2. The relationship between EU citizenship and national citizenships.
3. Art. 21 TFEU: the right to move and reside within the EU.
4. The legal status of the right to move, its relationship with the right to reside as well as with other rights of citizenship (such as the right to family reunification). The issue of the “static/dynamic citizens” divide.
Week 8Continued
Week 9Part VI: EU Law and Migration Policy: The Treatment of Non-EU Nationals.
1. General remarks.
2. EU competences and analysis of the most relevant EU law.
3. The four dimensions of the Migration legal discourse.
4. Unwelcome non EU nationals.
5. Desirable non EU nationals.
6. Suspicious non EU nationals (those who seek international protection).
7. Poor non EU nationals (those who have acquired the international protection).
8. Art. 78.3 TFEU.
Week 10Continued
Week 11Part VII: Free Movement of Services and Freedom of Establishment.
1. General remarks.
2. The relationship between establishment and services.
3. Do free movement rules on services and establishment produce horizontal direct effect?
4. Freedom to provide services. Legal basis, definition and the scope of Art. 56 TFEU.
5. Freedom to provide services. Restrictions on the movement of services.
6. Right of establishment. The legal framework and the scope of Art. 49 TFEU.
7. Right of establishment. The scope of Art. 54 TFEU: establishment of companies.
8. Establishment and services: the official public authority exception.
9. Establishment and services: derogations on public policy, security and health care and jurisprudential justifications.
10. Establishment and services: the legislation on the recognition of professional qualifications and the “Services” directive.
Week 12Part VIII: Free Movement of Capitals.
1. General remarks and the legal framework.
2. The issue of golden shares.
3. EU sanctions vis-à-vis third countries and non-EU natural and legal persons.