EU LAW AND REGULATION

EU LAW AND REGULATION

Marie Louise Cremona, Marta Simoncini

Instructional goals

This is an advanced module aimed at providing key instruments to analyse EU regulation in context. It builds upon the threshold concepts of EU law to investigate EU regulatory methodologies and tools and their application in key policy areas.

Prerequisites

The learner is expected to have basic knowledge of public law and EU law (introductory courses). In addition, the learner should have command of English and should use appropriately relevant legal language. In class discussion will help the learner to further develop skills in legal English.

Course Contents

The course provides the necessary skills to support the study in all the specialised tracks of PAGE. The course will empower students to understand the functioning of law and regulation across key regulatory areas. The course is organised through the analysis of key questions across the different regulatory areas. This will allow students to compare the different sectors and develop critical skills to apply the acquired knowledge beyond the proposed sectors. The course will analyse different policy domains, all related to internal market regulation, including with a wider approach to crises and sustainability issues. In examining selected policies and legal instruments, the module will focus on five key issues: 1) The model(s) of regulation adopted in the policy domain. 2) The inputs that affect the EU’s regulatory choices. 3) The ways in which, and extent to which, international law and international bodies interact with and affect EU regulation. 4) The impact of EU regulation on standards and rules beyond EU borders. 5) The contribution of national (subnational) and EU institutional and constitutional structures and sources of law to defining the regulatory legal framework.

Reference Books

Relevant materials will be uploaded on the e-learning platform. The following textbooks can be considered a reference for the course: - D Chalmers, G Davies and G Monti, European Union Law.Text and Materials (4 edn, CUP 2019) - R Schütze, European Union Law (2 edn, CUP 2018) - P. Craig and G. De Burca, EU Law (6th ed., OUP, 2015), - C. Barnard, The Substantive Law of the EU: The Four Freedoms (OUP, 2013)

Teaching Methods

The course is articulated in lectures, seminars, tutorials and guest lectures. Classes will be interactive and will be based on the discussion of case studies, case law and reading materials. Students will receive in advance the relevant reading materials to prepare for classes. Introductory lectures will provide the general framework for understanding topics and their critical issues. In class discussion and teamwork will also help the development of critical skills.

Assessment Method

Students will be assessed on the basis of their participation in the module's activities and the final exam. - 20% of the final mark consists of attendance and participation in class activities (role play/debates/working groups) - 50% of the final mark are allocated to the final paper to be submitted 10 days before the oral exam - 30% of the final mark consists of an oral exam. The paper (2500 words max.) should be on a topic previously agreed with teachers, which will be discussed orally. The assessment criteria will be the following: 1) Relevance to the question 2) Demonstration of understanding of the field 3) Organisation and structure of the answer 4) Evidence provided and its effective use (e.g., case law; scholarship) 5) Originality of treatment and ideas 6) Bibliography A mid-term exam will be a formative work, aimed at practicing for the writing of the final paper. Students that do not reach 60% of attendance will be considered non-attending students. Non-attending students will be assessed on the course materials in a sitting exam and through a timed essay.

Thesis assignment criteria

N/A

Does the syllabus cover sustainability topics?

Yes. It particularly address the problems of the sustainability of economic growth in the internal market, with regard to the European Green Deal and the Next generation EU

Week 1 Contenuto sessioni on line e on campus

Module introduction The framework of EU law -basic ideas on internal market -sources of EU law

Week 2 Contenuto sessioni on line e on campus

The framework of EU law - General principles - Direct and indirect effect - Judicial review and procedures (i.e., preliminary reference)

Week 3 Contenuto sessioni on line e on campus

Practice week writing an essay (online) Reading a judgment; Reading an article (in person)

Week 4 Contenuto sessioni on line e on campus

Free movement of goods Online: general lecture In person: food safety/GMOs

Week 5 Contenuto sessioni on line e on campus

Market regulation: origin labelling and geographical indications Online: general lecture In person: IGs

Week 6 Contenuto sessioni on line e on campus

Role play week Online: in groups discussion In person: class negotiation

Week 7 Contenuto sessioni on line e on campus

Regulation and crisis Online: EU competence on environment In person: Regulatory approach to climate change (i.e, emission trading)

Week 8 Contenuto sessioni on line e on campus

Formative assessment week Online: writing your essay In person: working groups and peer-to peer discussion

Week 9 Contenuto sessioni on line e on campus

Investments and recovery Online: the role of the EU as an investor v. State aid; the role of the ECB in green bonds; competence question In person: EU Green Deal

Week 10 Contenuto sessioni on line e on campus

Foreign Direct Investment: screening, subsidies and investor protection Online: general lecture In person: case study discussion

Week 11 Contenuto sessioni on line e on campus

Investments and recovery Online: expansion of regulatory tools; the role of the EU as an investor; competence question In person: EU Next Gen; conditionality; rule of law

Week 12 Contenuto sessioni on line e on campus

Final discussion on paper submission Revision lecture