The course aims at providing a deep knowledge of the freedoms of movement (of goods, persons, workers, services – including right to establishment – and capitals), as pillars of the European integration process and in light of the innovations introduced by the Lisbon Treaty. In particular, attention will be drawn to 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 the Welfare State. Specific attention will be paid to the Digital Single Market and to the impact of digitalization on the internal market.

Knowledge and understanding: Students will acquire specific knowledge on the main issues of EU internal market law. This goal will be achieved through theoretical lectures and especially the analysis of the case law of the European Court of Justice (ECJ) as well as of secondary law acts. The acquisition of these skills will be tested during class discussions throughout the course and also in the final test (written or oral). The written test will be held in the first examination session and is reserved to those who attended at least 80% of the course and opted for it instead of oral examination. Oral examination is the only option for all other students. Applying knowledge and understanding: Students will be able to handle and apply the norms and principles of EU internal market law, including when facing specific cases. Moreover, they will be able to identify the role played by such principles and norms in the process of European integration. The acquisition of these skills will be tested during class discussions throughout all the course and also in the final test (written or oral). The written test will be held in the first examination session and is reserved to those who attended at least 80% of the course and opted for it instead of oral examination. Oral examination is the only option for all other students. Making judgments: Students will be able to understand and analyze in a critical way European integration and the role played by the European Union in the management of the past and future challenges as far as the internal market is concerned. In addition, the analysis of the ECJ case law will help the development of critical thinking. Communication skills: Students will learn appropriate legal vocabulary and gain good communication skills in the field of EU internal market law. This will be achieved through the analysis of both legal sources and case law. The skills will be tested during class discussions throughout the course and also in the final test (written or oral). The written test will be held in the first examination session and is reserved to those who attended at least 80% of the course and opted for it instead of oral examination. Oral examination is the only option for all other students. Learning skills: Skills acquired during the course will allow students to understand and interpret autonomously the forthcoming legislation and EU case law. Moreover, students will develop a strong knowledge of the key topics of EU internal market law, which will help them to deepen their studies in this field and to undertake different professional paths after the completion of their studies. Career opportunities: transnational law firms; European Union; transnational corporations; regulatory agencies; NGOs.

The course constitutes the completion of EU institutional law. The following issues will be studied: origins and development of the internal market; free movement of goods; free movement of persons: EU citizenship, workers; free movement of services; right of establishment; free movement of capitals.

For students regularly attending classes the book is an additional tool of study, supplementing the program for the exam constituted by slides, materials and notes that students will be taking over the weeks. Students who are not attendants are required to study the selected pages of the following book: C. Barnard, The Substantive Law of the EU, last edition, Oxford, pp. 3-105, 113-126, 145-177, 201-297, 319-336, 400-511 and 515-552. References and texts of the legislation and case-law analyzed during lessons will be published on-line on the course Luiss Learn webpage.

Classes will consist of: In person teaching by the professor; In person teaching by visiting professors and guest lecturers (including practitioners), such as Prof. Uladzislau Belavusau (Senior Researcher at the T.M.C. Asser Institute, The Hague); Discussions, involving presentations by students on the EU case law. All students, when requested, are expected to read the required case law in advance and be ready to engage in a critical discussion with each other and with the instructor.

Students attending the 80% of the course and taking part in the in-class presentation and/or in the trial simulation (hereinafter “attending students”) will be evaluated on the basis of a final written exam, which shall consist in multiple choice and/or open-ended questions and a practical case-study. In addition to the general evaluation criteria stated below (which will be used in marking the final paper), the presentations given during the course, the active involvement in the trial simulation, and more generally the class participation will be taken into account in determining part of the final evaluation. More precisely, the mark for the paper can be adapted within a range of minus 10% to plus 10% on the basis of the said three participation criteria. Attending students who have scored below 18/30 in the final paper (in total) and non-attending students will be required to sit for a final oral exam on the whole course programme. With regard to both the final paper and the oral exam, the following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study and research method (35%). Gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Positive 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 one of the following languages: French, Spanish, German).