EU Internal Market Law

Teacher(s)

Sibony Anne-Lise;

Language

English

Prerequisites

EU law [LDROI1226] or similar course covering institutional aspects of EU law and enforcement mechanisms.
Contents
1.       The internal market toolbox
2.      Free movement of goods
3.       Free movement of persons and services
a.      Free movement of workers
b.      Freedom of establishment
c.       Freedom to provide services
d.      European Citizenship
4.      Free movement of capital
5.      Brief introduction to competition law (art. 101 and 102 TFEU)
The methods which characterise European legislation on one hand (harmonisation, mutual recognition, administrative cooperation) and case-law of the Court of Justice of the European Union on the other (typical patterns of reasoning) will be emphasised throughout the course. 

Main themes

This course covers the core of substantive EU law, namely internal market law. More precisely, it deals with the four freedoms: free movement of goods, freedom of establishment, freedom to provide services and free movement of capital. It also covers citizenship and offers a brief introduction to EU competition law.
This course complements the basic course on EU law [LDROI1226], which focuses on EU institutions and deals with how legislation is produced as well as enforcement mechanisms of EU law. This course focuses on the content of (some) EU rules. It is complementary with other courses that cover other aspects of EU substantive law such as free movement of (natural) persons [LDREU2205], EU competition law [LDREU2208] or Firms and antitrust [LDFIRM2207], EU consumer law [LDREU2207] or EU labour law [LDROP2143].

Aims

At the end of this learning unit, the student is able to :
1	Learning outcomes specific to EU lawAfter taking this course, you will have a basic command of internal market law and possess the know-how to apply the relevant legal rules in simple factual situations. You will be familiar with how various sources of European law interact, in particular treaty and directives. Generic learning outcomesThis course also aims to provide opportunities to acquire horizontal skills that are useful beyond the practice of European law, in particular: 1) being able to identify legal rules applicable to a given factual situation and relevant in order to reach a practical aim; 2) being able to present in writing the legal analysis of a given factual situation clearly and correctly. At the end of the course, you will be able to identify whether or not European law governs a given factual situation. You will be capable of solving simple problems involving one or several of the four freedoms and develop on your own a legal reasoning following the most common patterns which will have been studied during the course.

The contribution of this Teaching Unit to the development and command of the skills and learning outcomes of the programme(s) can be accessed at the end of this sheet, in the section entitled “Programmes/courses offering this Teaching Unit”.

Content

Teaching methods

Readings will be assigned before each class. For some classes you will have to research a hypothetical question.

Evaluation methods

The exam is a 3 hour written exam. It will take place in IT rooms (you write your exam on a computer -- with a French keyboard, sorry). You will be able to access Curia and Eur-Lex, as well as Lingee and Wordreference for lingusitic assistance.

Other information

For the exam, you may bring a hard copy of the EU treaties (since you will have access to Eur-Lex, this is not stricly necessary). You may also bring the course pack. Authorised documents may not be annotated (nothing may be written on the documents). You may higlight passages and use flags to navigate the course pack more easily. On the flags you may write a few letter or words, such as "FMG" for Free Movement of Goods, or "Keck" for the eponymous case.
You may also bring a dictionnary (monolingual or bilingual) though you will have access to online lingustic tools.

Online resources

The electronic version of the course pack (mandatory readings), supplementary readings as well as exercises and past exam papers will be available on Moodle.

Bibliography

• EU INTERNAL MARKET LAW - Documents

Textbook for this course (mandatory reading): Catherine Barnard, The Substantive Law of the EU : The Four Freedoms, Oxford: OUP, 2016 (Fifth Edition).
Other reference books in English
Paul Craig et Gráinne de Búrca, EULaw : Text, Cases, and Materials, Oxford : OUP, 2015 (Sixth Edition). Covers a broader selection of topics than this course (including EU constitutional law).
Robert Schutze, European Union Law, Cambridge : Cambridge University Press, 2015. Covers a broader selection of topics than this course (including EU constitutional law).
En français
Nathalie de Grove-Valdeyron, Droit du marché intérieur européen, Paris : LGDJ, 2017 (5ème édition).
L. Dubouis et Cl. Bluman, Droit matériel de l'Union européenne, Paris : Montchrestien, 7ème éd., 2015. Un manuel de référence, plus approfondi que le précédent, qui traite de l'ensemble du droit matériel européen : le droit du marché intérieur, sur lequel porte principalement ce cours, mais aussi les autres politiques européennes (agriculture, transports, concurrence, coopération judiciaire).
Pour un rattrapage de droit institutionnel : Jean-Paul Jacqué, Droit institutionnel de l'Union européenne, 9ème éd., Paris : Dalloz, 2018.

Teaching materials

• EU INTERNAL MARKET LAW - Documents

Faculty or entity

BUDR