Objectives and competences
The objective of this course is to gain knowledge about the EU internal market, its economic and social background, legislative rules interpreted by the Court of EU, its relations towards other forms of international economic integration, about the relation among the freedoms themselves and horizontal approach regarding the exemptions. The course will also highlight general characteristics of the conflict between national sovereignty in the field of taxation and the internal market freedoms.
Content (Syllabus outline)
• Alternatives of economic policy: state protectionism, economic liberalism, regional and global economic integration.
• EU internal market law: internal market as an objective of the EU, negative and positive market integration, democratic legitimacy of the internal market: issue of national traditions, the four freedoms.
• Free Movement of Goods: Custom Union, Charges and Taxes, Quantitative Restrictions.
• Free Movement of Capital and Economic and Monetary Union.
• Free Movement of Persons: Free Movement of Workers, Free Movement of Economically Inactive Persons, The Role of European Citizenship, The Role of Social Policy.
• Freedom of Establishment.
• Freedom to Provide Services.
• Internal Market Freedoms v. EU Competition Policy.
• The cost of non-Europe?: how to measure economic effectiveness of the EU internal market, results of various economic analyses.
Learning and teaching methods
• Lectures with active participation of students,
• seminars,
• tutorial,
• individual research work,
• essays and discussions,
• dealing with concrete problems, topical issues, relevant cases.
Intended learning outcomes - knowledge and understanding
On completion of this course the student will be able to:
• demonstrate understanding of economic and social background of the EU internal market,
• demonstrate understanding of legal rules underpinning the internal market of the EU,
• find and understand the relevant case law of the Court of EU, which explain the ratio of the freedoms, make connections among the freedoms and define exemptions as well as make connections with human rights,
• demonstrate the interference among the individual freedoms and the ambit of the european citizenship,
• understand interactions between the national tax sovereignty and internal market freedoms.
Readings
Obvezna/Mandatory
Barnard C, The Substantive Law of the EU: The Four Freedoms (Oxford University Press 2016)
Hojnik J, Knez R, Svoboščine notranjega trga EU (GV Založba 2015)
Reich N, Scholes AN and Scholes J, Understanding EU Internal Market Law (3rd Revised ed. edition, Intersentia 2015)
Weatherill S, ‘The Internal Market As a Legal Concept (Oxford University Press 2017)
Neobvezna/Optional
Barnard C and Scott J, The Law of the Single European Market: Unpacking the Premises (Hart Publishing 2002)
Davies G, Nationality Discrimination in the European Internal Market (Kluwer Law International 2003)
Gormley LW, EU Law of Free Movement of Goods and Customs Union (OUP Oxford 2009)
Hatzopoulos V, Regulating Services in the European Union (OUP Oxford 2012)
Janssens C, The Principle of Mutual Recognition in EU Law (OUP Oxford 2013)
Khan A, ‘Corporate Mobility, Market Access and the Internal Market’ (2015) 40 European Law Review 371
Koutrakos P and Snell J, Research Handbook on the Law of the EU’s Internal Market (Edward Elgar Publishing 2017)
Lianos I, ‘Shifting Narratives in the European Internal Market; Efficient Restrictions of Trade and the Nature of Economic Integration’ (2010) 21 European Business Law Review 705
Oliver P, ‘When, If Ever, Can Restrictions on Free Movement Be Justified on Economic Grounds?’ (2016) 41 European Law Review 147
Oliver P and Roth W-H, ‘The Internal Market and the Four Freedoms’ (2004) 41 Common Market Law Review 407
Perišin T, Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO (TMC Asser Press 2008)
Ramaekers E, ‘Classification of Objects by the European Court of Justice: Movable Immovables and Tangible Intangibles’ (2014) 39 European Law Review 447
Reich N, ‘Free Movement v. Social Rights in an Enlarged Union: The Laval and Viking Cases Before the European Court of Justice’ (2008) 9 German LJ 125
Saydé A, Abuse of EU Law and Regulation of the Internal Market, (Bloomsbury Publishing 2014)
Shuibhne NN, ‘Regulating the Internal Market (Edward Elgar Publishing 2006)
Snell J, Goods and Services in EC Law: A Study of the Relationship Between the Freedoms (Oxford University Press 2002)
Sousa PC de, The European Fundamental Freedoms: A Contextual Approach (OUP Oxford 2015)
Woods L, Free Movement of Goods and Services Within the European Community (Ashgate 2004)
?????µ?? ? and Nebbia P, European Union Law for the Twenty-First Century: Internal Market and Free Movement Community Policies (Hart Publishing 2004)
Comments
• regular and active participation in lectures and tutorials with assessment of student presentations
• preparation and oral presentation to the class of an essay on the topic agreed upon with the lecturer/teacher
• oral examination
