Aggiornato A.A. 2014-2015
European Union Administrative and Commercial Law – 2014/5
Professor Giacinto della Cananea
1. Objectives of the course
This is an advanced course on the administrative and commercial law of the European Union (EU), which presupposes at least a prior course of EU institutions and policies. Its objective is to analyze two pillars of the EU – the single market and its administration. A related, but distinct, objective is to highlight the growing interaction of markets and public policies within the European legal space.
2. Structure of the course
The course has three parts, although there is not a clear-cut separation between them. In the first part of the class, we will consider the main features of the political project that inspired the first steps of European integration (the Schumann plan, the treaties of Paris and Rome), as well as some fundamental legal concepts.
The second part of the course regards the “economic constitution” of the EU. In this context, both the fundamental freedoms and the Economic and Monetary Union will be considered.
The third part of the course regards the administrative law of the EU. In this context, we will not focus only on the rules governing the conduct of EU authorities. There will be a focus also on the general principles of law common to the legal orders of the Member States, which are included within the general principles of EC law, such as proportionality and due process of law.
3. Days and hours
The course will begin on February 23, 2015. All meetings will take place on Mondays (2-5 p.m.) and Thursdays (10 a.m.-1 p.m.).
4. Course materials
a) Introductory and background reading provided
b) A selection of documents (including political documents, acts containing rules, judgments and academic studies), which are useful to understand the dynamics and the effects of European integration in the administrative sphere (see infra § 5);
c) The Consolidated Version of the Treaty on European (“TEU”), of the Treaty on the Functioning of the European Union (“TFEU”), and the Charter of Fundamental Rights of the European Union (“CFR”), available at the website http://eur-lex.europa.eu/it/treaties/index.htm
Textbooks (for consultation):
a) C. Barnard, The Substantive Law of the EU. The Four Freedoms (Oxford University Press, 2013, 4th)
b) P. Craig, EU Administrative Law (Oxford University Press, 2012 2nd.) or H. Hoffman et al., Administrative Law and Policy of the European Union (Oxford University Press, 2011).
5. Course requirements
As noted earlier, this is an advanced course, which presupposes at least some basic notions about EU law and policies. For every section of the course, some legal and political documents will be analysed and discussed. Participants are expected to read the materials before each class and to take part actively in the discussion. far as students’ assessment is concerned, one third will regard participation in class, another the short paper that students will be required to write during the course, and still another one the final exam.
6. Further reading
The following books can be particularly useful to the course: P.Craig & G. de Burça, EU Law. Text, Cases and Materials, Clarendon, 2011, 5th ed; C. Harlow, Accountability in the European Union (Oxford University Press, 2003); H. Hofman and A. Turk (eds.), EU Administrative Governance (Edward Elgar, 2006); G Majone Dilemmas of European Integration: The Ambiguities and Pitfalls of by Stealth (Oxford University Press, 2008); A. Stone Sweet, The Judicial Construction of Europe (Oxford University Press, 2004); J.H.H. Weiler, The Constitution of Europe (Cambridge University Press, 1999). Reading these books is particularly important for all the students who wish to write their thesis in this field.
The most important periodicals in English language, are:
• Columbia Journal of European Law
• Common Market Law Review
• European Law Review
• European Law Journal
• European Public Law
N.B. All these sources are in English. However, there are many sources in other main European languages: French, German, Italian and Spanish.
7. Office hours
Prof. della Cananea receives students, during the term, on Thursday, from 8,45 to 10,15, in his room in the Department of Economics and Law (DEDI). His e-mail is: della.cananea@economia.uniroma2.it.
Students may also write to dr. Martina Conticelli, who is in the same Department. Her e-mail is martina.conticelli@uniroma2.it.
See also the Syllabus (Materiale didattico)