EUROPEAN COMMERCIAL LAW
Syllabus
Updated A.Y. 2019-2020
Course overview
The course will address the internal market rules applicable according to EU law. The fundamental freedoms related to free movement of persons, goods and services will be analysed as a precondition of the achievement and completion of internal market functioning. The course will take dedicated equal consideration to primary and secondary legislation applicable to the case (including competition law rules) as well as the jurisprudence of the Court of Justice of the European Union, which interpreted the former rules and supported the so-called negative integration process.
Logistics
The course encompasses two three-hours seminars each week. The seminars will be distinguished between lectures and tutorials Lectures will provide the overview of the selected topics through in-depth analysis of the legislation and the most relevant cases of the Court of Justice.
The tutorials will be devoted to the analysis of fictitious cases that will be based on the jurisprudence discussed in the lectures. The tutorial will address two cases per session:
Cases will be provided in the preceding lecture session and is the basis of a written assignment that students MUST complete before the tutorial session. The assignment will be presented by the students at the tutorial session.
Through the case analysis, students will be able to apply the knowledge gained in the lecture.
Attendance of both lectures and tutorials is strongly encouraged. At tutorials you will familiarize yourself to the problem-solving methodology to be used at the exam. Tutorials are not mini lectures. The lecturer will provide the role of a facilitator of the discussion, the participants are asked to interact and discuss the issues emerging from the cases in an independent manner. The result of the discussion will allow the participants to identify the suitable solution for the case addressed.
For any doubts please contact the lecturer at federica.casarosa@uniroma2.it
Literature
The prescribed literature, without which following the course and solving the cases is very hard, is the following
(1) Paul Craig and Gráinne De Burca, EU Law, Text, Cases and Materials, 6th edition, Oxford University Press, Oxford, 2015.
(2) Nigel Foster, Blackstone’s EU Treaties & Legislation 2018-2019, Oxford University Press, Oxford, 2018.
[both books have previous editions that could be fine, but please discuss it with the lecturer]
NB as an alternative you can buy a copy of the consolidated version of the treaties or download a pdf via the EU bookshop : http://bookshop.europa.eu/en/consolidated-versions-of-the-treaty-on-european-union-and-the-treaty-on-the-functioning-of-the-european-union-pbQC3209190/?CatalogCategoryID=ARsKABstvzAAAAEj0JEY4e5L
Next to the prescribed literature every tutorial will indicate relevant case-law! All case law is mandatory exam material !
Course Objectives
At the end of the course you are expected to have knowledge and insight of, be able to solve cases regarding and critically reflect upon the following topics:
(1) History of the Internal Market. – Legal developments and ECJ case law on financial restrictions on the free movement of goods. Common External Tariff; Import duties; Charges having equivalent effect; Internal taxation.
(2) Legal developments and case law on quantitative restrictions; quotas; measures having equivalent effect; certain selling arrangements; justifications (including proportionality)
(3) Development of EU citizenship; the notions of worker; self-employed persons; rights of family members; prohibition on discrimination on nationality; restrictions in the free movement and limitations of the free movement based on Treaty, secondary legislation and case-law.
(4) Free Movement of Establishment and Services; diploma recognition of professionals.
(5) Position of Third Country Nationals; residence and equal treatment. Long Term Residence Status; Family Reunification; Association Agreements.
(6) Basic conditions of the free movement of capital.
(7) Prohibition of agreements, concerted practices and decisions of associations of undertakings; prohibition on abuse of a dominant position. Rules on enforcement of competition law
(8) State aid, both substantive and procedural rules.
These objectives and topics are crucial to the assessment by means of the assignments and the written exam.
Assessment, Examination and Grading (see below for specific rule on COVID)
The assessment in this course relies on the evaluation of one of the assignments, the written examination (on the last day of the course) and a short oral examination on May 29. The evaluation of the assignment and written examination will be evaluated as 66% of the final grade. The oral examination will finally either confirm, lower or raise your grade (but only in the first session of exams available).
For each tutorial you will have to hand in a written assignment. For more guidance on how to draft an assignment see separate document, to be discussed on week 1.
Attendance to the tutorials is mandatory. In the tutorial we shall go through together the different cases you have solved at home and apply the methodology necessary for you to cope with the written exam.
The assignments serve as the basis for the discussion in the tutorial group. ONE assignment will be selected after the course for grading. The grade for the selected assignment will count for 33% of the final grade, the other 33% is based on a written exam.
Exemptions of deadlines or the possibility to redo an assignment during the course will only be granted in exceptional circumstances. If you feel that you qualify for such an exception inform your tutor and/or coordinator beforehand! Requests made after the deadline of the specific assignment will not be taken into account.
33% of your grade will be determined by a written exam (that consists of two questions) that will take place at the end of the course.
With regard to the exam and the assignments the following RULES will be enforced:
(1) The grade for the assignment counts as the third question in the exam. The grade for the course is determined as follows: (score examination + score assignment)/2 = grade to be presented at the oral examination. In the event of a fail grade you must resit the entire exam. For those students who have to take a resit another assignment out of the remaining five will be graded.
(2) The written exam is open book. You can bring any written material you deem necessary; digital devices are, unfortunately, not allowed.
(3) The oral examination will consist of a discussion on case law and its relevance to the content of the course (for the list of relevant cases see separate document).
(4) The grade at the oral examination can either confirm, lower or raise your final grade (written assignment + written examination).
(5) Written assignments must be handed in hard copy at the beginning of the tutorial. Assignments are individual assignment and they are checked for plagiarism. If you do not attend the tutorial on a specific week you MUST make sure to send your assignment via email BEFORE the tutorial
(6) Assignments are meant to reflect real-life problems of real life clients, meaning that it is up to you to distil the actual legal problems from the case, which could seem vague at first reading.
(7) Assignments may NOT EXCEED 2000 WORDS (excluding footnotes). Assignments without references cannot obtain a passing grade. [1200-1500 words is normally a good length].
(8) The assignments are intended to check whether you have understood the legal problem. The assignments, therefore, will be graded on content. The skill of writing assignments is addressed in other courses and skills trainings. Keep in mind that all your answers must be properly motivated (i.e. a conclusion that is based on correct argumentation) and that you must provide references.
(9) Assignments are graded on the following points: correctness of the answer; validity of the argumentation; conclusion must be covered by argumentation; referencing (substance not style); level of elaboration and level of detail. Assignments will be graded on a scale from 1 to 10. Assignments can be (extensively) discussed in the tutorials.
IMPORTANT COVID EXAM RULES - VALID FOR PARTICIPANTS TO THE COURSE
The second part of the exam (written examination) will take place on May 22 (format n. 4, according to the new University Guidelines) and administered from remote using Teams.
The students will receive an assignemtn to be performed individually within the time of the lecture (4 to 7 pm). The task will be distributed through the Teams "Task" tool in electronic format (pdf). The students will be asked to complete the Task through Teams software.
Before the oral examination the grades of the tasks willbe uploaded on Delphi, we will also set up a review session on Teams (date TBA).
The last part of the exam (oral examination) will take place on May 29 (format n. 1)
Those who have registered for the exam will be added to the exam activity on Teams. You need to be prepared with a computer or a mobile device with a functioning camera and microphone, and a valid Teams login.
The oral examination will consist of one question and will finally either confirm, lower or raise the grade obtained in the first assignment and in the written examination (but only in the first session of exams available).
IMPORTANT COVID EXAM RULES - VALID FOR STUDENT NOT PARTICIPATING TO THE COURSE
The exam will be an oral examination and will take place on May 29 (format n. 1, according to the new University Guidelines)
Those who have registered for the exam will be added to the exam activity on Teams. You need to be prepared with a computer or a mobile device with a functioning camera and microphone, and a valid Teams login.
The oral examination will constist of three questions addressing the content of the course (see programme above).
Schedule
Week 1
16/04 Presentation of the course + Lecture 1 (Internal Market)
17/04 Lecture 2 (Free Movement of Goods: Financial Restrictions)
Week 2
23/04 Lecture 3 (Free Movement of Goods: Quantitative Restrictions)
24/04 Tutorial 1
Week 3
30/04 Lecture 4 (Free Movement of Persons)
Week 4
7-8/05 Assignment week
Week 5
14/05 Tutorial 2
15/05 Lecture 5 (Establishment, Services & Capital)
Week 6
19/05 Lecture 6 (Agreements; Monopolies and Enforcement)
20/05 Lecture 7 (recap)
22/05 Written Exam