Master of Science in European Economy
and Business Law

Updated A.Y. 2015-2016

SYLLABUS

European Union Administrative and Commercial Law – 2015/16

First Module : EU Commercial Law (CFU 3)

Professor Cristina Schepisi

Objectives of the course “European Union Administrative and Commercial Law”
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 analyse 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.

Module I: European Union Commercial Law

1.1. Objectives of the course
Its objective is to analyse the EU internal market and the fundamental freedoms of movement as well as some basic concepts on the EU competition Law

2. Structure of the course
The course has two parts. In the first part of the class (about 1 week) we will briefly consider the main elements of the EU legal order (the nature of the EU, its Institutions, the tasks of the EU Commission, the sources of the EU Law), as well as some fundamental legal principles (Primacy, direct effect, State liability for breach of the EU obligations)
The second part of the course (about 4 week) is devoted to the study of the “internal market” of the EU. In this context, both the fundamental freedoms (goods, workers, services), and EU Competition law (in brief) will be considered.

3. Days and hours
The course will begin on February 22, 2016. All meetings will take place on Mondays (10 a.m. – 1.p.m.) and Friday (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 internal Market  (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) -Chapters:  2, 3, 4 (A-F), 5 (A-C), 6 (A-E), 8 (A,B),9,10,11,13

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. As 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,; 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. Schepisi receives students, during the term, on Monday, from 1 p.m. to 2.pm, in the Department of Economics and Law (DEDI). Her e-mail is: cristina.schepisi@fastwebnet.it.

 

Outline of the course

Part I - Introduction – The European Union and its values (brief remarks)
1. The European Union
• The European Union and its Institutions. The role of the EU Commission
• EU Law: Primary Law (TEU and TFEU) and Secondary Law (regulations, directives and decisions)
2. A ‘legal order of a new kind’ and its constitutional principles
• ECJ, Case 26/62, Van Gend en Loos
• The principle of Primacy: EJC, Case 106/77, Simmenthal
• The principle of Direct effect and the State liability for breach of EU Law: ECJ, Case 26/62, Van Gend en Loos; EJC, Case C-6 & 9/90, Francovich; Case C-91/92, Faccini Dori
• Background reading: A. Stone Sweet & T. Brunell, Constructing a Supranational Constitution (1999)
Part II – The Internal Market
1. The free movement of goods
• Custom duties (Art. 30 TFEU): ECJ, Case 26/62, Van Gend en Loos
• Charges having equivalent effect to custom duties (art. 30 TFEU) and fiscal measures (Art. 110 TFEU): Case C-72/03, Carbonati Apuani
• Quantitative restrictions and measures having equivalent effect (Art. 34, 35 36 TFEU): ECJ, Case 120/78, Cassis de Dijon; EJC, Case C-267/91 and C-268/91, Keck
• Derogation and justifications (Art. 34 TFEU): the role of the State as guarantor of public order: ECJ, C-265/95 Commission v France – Angry Farmers; the protection of the intellectual property
• Background reading: J.H.H. Weiler, The Constitution of the Single Market (2000)
2. The free movement of workers
• Definition of subordinated work: ECJ, Case 66/85 Lawrie Blum
• Non-discriminatory restriction: ECJ, Case C-281/98, Angonese
• Free movement of workers and public administrations: ECJ, Case C-405/01, Colegio de Oficiales de la Marina Mercante española
• Free movement of workers and the “reverse discrimination”
3. The freedom of establishment and the freedom to provide services
• The freedom of establishment (natural and legal person): EJC Case C-212/97, Centros
• Discriminatory restrictions: EJC, Case C-114/97, Commission v. Spain;
• Non-discriminatory restrictions, ECJ, Case C-55/94, Gebhard
• The freedom to provide services
• Non-discriminatory restrictions: ECJ, Case C-338/04, Placanica, Case C-384/93, Alpin Investment
• The Mutual recognition of Diplomas and Professional Qualification: Directive 2005/36; ECJ, Case C-311/06, Consiglio nazionale degli ingegneri c. Ministero della giustizia e Cavallera,
• Directive 2006/123 (the “Services” Directive)
4. The Digital single market
• Online access to digital goods and services: the “sharing economy”: Opinion of the Committee of the Regions  (December 2015 - The local and the regional dimension of the sharing economy) ECJ, Case C- 343/15, Uber, pending
• Digital services and the protection of personal data: EJC, Case C-131/12, Google; Case C-362/14, Schrems (“Facebook”)
• Background reading:
5. EU Competition Law (Introductory remarks)
• Definition of undertaking- ECJ, Case 309/99 Wouters; Case C-364/92. Eurocontrol
• Anticompetitive practices and abuse of a dominant position (Articles 101 and 102 TFEU)
• National anticompetitive rules. The relation with the freedom to provide services: EJC, Case C-94/04, C-202/04, Cipolla
• Services of general economic interest (art. 106 TFEU) – definition
• State aid (art. 107 TFEU) - definition. The relation between State aid discipline and the freedom to provide services; EJC, Case C-168/08, Presidenza del Consiglio dei Ministri v. Regione Sardegna