The course will look at the regulation of the european internal market focusing on free circulation of goods, free movement of services and capital and freedom of establishment; on competition and State aids rules; on the dialogue and interaction between European institution and Statal entities. In accordance to the decisions of the European Court of Justice (and, where necessary, also to the case law of the national courts), attention will be given to the evolution of the internal market and to the rights of EU citizens, especially in relation to the impact on the national rules and on the current economic (and legal) context of European Union.
Expected learning outcomes
At the end of the course student will be able to: demonstrate a deep knowledge of the legal terminology related to EU law, understand the constitutional and legal framework of the EU and the way it interacts with national legal systems, be familiar with the main areas of substantive law of the EU (free movement, competition law and state aid), solve a basic problem question using case law and relevant EU legal sources.
Unit 1 The basic principles of EU Law: the "consitutionals" principles of EU Law (EU competences: existence and exercise); primacy, direct effect, effective judicial protection, and State liability; the Court of Justice of the European Union and the dialogue with national courts; legal acts, hierarchy of norms in EU Law and harmonization. The Eu internal market. Purely internal situations. The non discrimination principle. The free movement of goods. Customs Union (artt. 28-32 TFEU), the prohibition of custom duties on imports and exports and of charges having equivalent effect. Art. 110 TFEU (internal taxation). Artt. 34-36 TFEU: quantitative restrictions and measures having equivalent effect. Unit 2 EU Citizenship and freedom of movement of workers. Freedom of establishment and to provide services (artt. 49-62 TFEU). Free movement of capital and payments (artt. 63-66 TFEU). Unit 3 The basic principles of competition EU law. The prohibition of cartels (art. 101 TFEU) and of the abuse of a dominant position (art. 102 TFEU). The distribution of competences between European Union and member States in the field of competition Law. The services of general interest and special rights (art. 106 TFEU). The EU State aid Law (artt. 107-109 TFEU).
Prerequisites for admission
Introducing to EU Law or a similar course covering institutional aspects of EU Law is a prerequisite.
The course will be interactive: are expected face-to-face lectures and group assignments. Theoretical issues will be confronted with practical cases in order to allow the students verify how EU Law is actually implemented to understand the impact of the EU Law on the national rules and on the current economic (and legal) context of European Union.
Unit 1 L. Daniele, Diritto del mercato unico europeo e dello spazio di libertà, sicurezza e giustizia, Milano, Giuffrè, 2016, pp. 1-101. Or G. Strozzi (a cura di), Diritto dell'Unione europea - Parte Speciale, Torino, Giappichelli, 2017, pp. 1-127.
Unit 2 L. Daniele, Diritto del mercato unico europeo e dello spazio di libertà, sicurezza e giustizia, Milano, Giuffrè, 2016, pp. 103-244. Or G. Strozzi (a cura di), Diritto dell'Unione europea - Parte Speciale, Torino, Giappichelli, 2017, pp. 175-326.
Unit 3 L. Daniele, Diritto del mercato unico europeo e dello spazio di libertà, sicurezza e giustizia, Milano, Giuffrè, 2016, pp. 245-372. Or G. Strozzi (a cura di), Diritto dell'Unione europea - Parte Speciale, Torino, Giappichelli, 2017, pp. 328-362; 369-448.
Assessment methods and Criteria
The final exam will be oral (for attending and not attending students). The questions posed by the examining commission will regard also the relevant case law of Court of Justice. The criteria for assessing the oral exam include the correctness of the contents, the clarity of the argumentations put forward, the ability to provide a critical analysis and to work with principles and notions. For the attending students it is expected a written exam (2 hours, 3 questions).