EUROPEAN COMMERCIAL LAW AND EUROPEAN ADMINISTRATIVE LAW
Mod. I - EUROPEAN ADMINISTRATIVE LAW
Updated A.Y. 2017-2018
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 first objective is to show the specific features of EU law, which is increasingly important for all its Member States. Another objective is to highlight the growing interaction of markets and public policies within the European legal space. A third objective is to enrich the capacity of students to work with official documents and other materials.
2. Structure of the course
The course is divided into two parts, although there is not a clear-cut separation between the topics and issues that are discussed. While the first part regards the administrative system of the EU, the second concerns the “economic constitution” of the EU. In this latter context, both the fundamental freedoms and competition will be considered. In the former, there will be a focus 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.
For the first module, concerning EU Administrative law, all meetings will take place on Mondays and Thursdays.
3. Course materials
a) P. Craig, EU Administrative Law (Oxford University Press, 2012 2nd) or C. Harlow, P. Leino & G. della Cananea (eds.), Research Handbook on European Union Administrative Law (Oxford, Elgar, 2017)
b) C. Barnard, The Substantive Law of the EU. The Four Freedoms (Oxford University Press, 2013, 4th)
c) Introductory and background reading provided
d) 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);
e) 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 .
More details inside Materials- Syllabus 2017-2018