EU internal market law

Teacher(s)

Desaunettes Luc;

Language

English

Prerequisites

LEUSL2022 "Institutional law of the European Union" or LEUSL2020 "Droit institutionnel de l'Union européenne"

Main themes

This course complements the course on European institutional law, which focused on EU institutions and l how legislation is produced and enforced. It focuses on the content of EU rules. More precisely, it gives a general introduction to internal market law and to European citizenship. A short introduction to European competition law will be provided.

Learning outcomes

At the end of this learning unit, the student is able to :
1	After taking this course, students will have a good command of internal market law and possess the know-how to apply the relevant legal rules in simple factual situations. They will be familiar with the various sources of European law and be able to determine if primary or secondary legislation applies in a situation within the scope of internal market law.

Content

This course deals with internal market law and European citizenship. The four basic freedoms (free movement of goods, persons, capital and services) form the backbone of this course. A short introduction to European competition law will be provided. 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.

Teaching methods

This course is partly lecture-based and partly a seminar. As a rule, each meeting will consist of a lecture part and a group discussion on readings or on a problem. For each class, students will have to prepare readings (cases or other documents). They will have to answer in writing questions on the readings and/or analyse a hypothetical and be ready to discuss the assignment in class.

Evaluation methods

The assessment consists of an oral exam, comprising a problem (of the same type as those studied during the semester) and several questions on the course. Students have some time to prepare for the problem-question.
Assessment criteria are as follows:

• ability to correctly identify a legal issue in a given factual situation,
• ability to identify correctly the applicable rule
• ability to enunciate clearly a legal rule
• ability to adequately explain applicable legal rules
• ability to justify the choice of a legal rule with regard to practical aims
• exact knowledge of legal rules
• ability to select relevant knowledge in relation to a given question or problem,
• logical reasoning,
• quality and sufficiency of reasons given to justify the analysis proposed or the point of view argued,
• correct use of legal vocabulary
• adequate structure of written answer (link with the question, logical order of arguments, link between sentences and between paragraphs).

Students may bring the European treaties as well as the coursepack. Only the coursepack printed by DUC and the official edition of the Treaties (printed by the Office of Publications of the EU or a publisher) are authorised. The authorised documents may not be annotated. Students may however highlight and/or flag certain sections. They may write a few letters or words on flags in order to mark specific locations in the course pack. Students may bring a monolingual and/or a bilingual dictionary.

Online resources

Compulsory reading, additional reading, questions and problems to be prepared, slides used in the lecture.

Bibliography

Reference book for the course :

• Robert Schutze, European Union Law, Cambridge : Cambridge University Press, 2021 (3rd Edition).

Students are also encouraged to look at:

• Catherine Barnard, The Substantive Law of the EU : The Four Freedoms, Oxford : OUP, 2022 (7th Edition). The definitive reference book on internal market law.
• Paul Craig et Gráinne de Búrca, EU Law : Text, Cases, and Materials, Oxford : OUP, 2020 (7th Edition). The reference book on European law (covers a much wider field than the course).
• Karen Davies, Maarten van Munster, Isabel Düsterhöft, Understanding European Union Law, Routledge, 2022 (8th Edition).

Faculty or entity

EURO