Instructional goals
The course aims at providing a thorough understanding of the European internal market and its legal toolkit, as well as the perception of the European Union as the legal and institutional framework in which it is placed.
Prerequisites
As the first course of general law in the learning programme, no previous legal background is required.
Intended learning outcomes
To understand the supranational identity of the EU and the main features of the functioning of the EU as a whole and of the single European market.
Course Contents
Nature of the Union
Membership and general principles
Competences: overview, types and applicable principles
Internal market: freedoms of circulation; cartels reime.
Citizenship of the Union.
Union institutions.
Union legislation.
Primacy of Union law.
Fundamental rights
Judicial protection.
Reference Books
Robert Schutze, An Introduction to European law, Fifth edition
E-book ISBN: 9780197902561 (Reflowable Layout)
Print ISBN: 9780197902578
Teaching Methods
Lectures; understanding via buzz groups; learning-by-doing (discussion of fictitious cases).
Assessment Method
Written tests (mid-term + final) with open questions requiring short answers.
Discussion of a fictitious case in working groups.
Thesis assignment criteria
High final frade (≥27/30) and/or strong motivation.
Week 1
What is the European Union?
1) An overview of the many international organizations European States are member of.
2) A first look at the identity of the EU: preamble, objectives, competences in the establishing treaties. The supranational vision and the need for a constitutional basis for participation in the Union in the Member States.
3) The economic integration Communities established in the Fifties and the setting out of the supranational vision. The functional method at work: the deepening of the European integration over 7 decades.
Week 2
What the European Union is about today?
The role and the identity of the internal market.
The common commercial policy, against the background of the external action and next to the Common Foreign and Security Policy.
The Economic and Monetary Union.
Other Policies related to the internal market.
Union’s competences and the principles applicable thereto (conferral, subsidiarity, proportionality).
Schutze – Part I, Chapter 3
Week 3
The internal market: Free movement of goods.
Schutze – Part III, Chapter 9
Week 4
The internal market: free movement of workers.
Schutze - Part III, Chapter 10, para. 1
The internal market: free movement of services.
Schutze - Part III, Chapter 10, para. 2 & 4
Week 5
Union citizenship
Schutze – Part III, Chapter 10, para. 3.
Week 6
Competition Law: Cartels
Schutze – Part III, Chapter 11
Week 7
Discussing a case concerning the internal market (a learning-by-doing exercise and assessment) + test.
Week 8
Union institutions
Schutze – Part I, Chapter 1
Union legislation
Schutze – Part I, Chapter 2, para. 1
Week 9
Infringement Actions against Member States
Schutze – Part II, Chapter 8, para. 1
Direct and indirect effect
Schutze – Part II, Chapter 5
Week 10
Preliminary rulings of the Court of Justice
Schutze - Part II, Chapter 7, paras 3&4
Annulment actions (legality review)
Schutze – Part II, Chapter 8, para. 3
Week 11
Fundamental rights
Schutze – Part. I, Chapter 4
Week 12
Primacy of EU law
Schutze – Part II, Chapter 6