Checking date: 04/04/2019


Course: 2019/2020

The internal market and the law of the EU trade policy
(12235)
Study: Master in European Union law (302)
EPD


Coordinating teacher: MOREIRO GONZALEZ, CARLOS JAVIER

Department assigned to the subject: Department of International Law, Ecclesiastical Law and Philosophy of Law

Type: Compulsory
ECTS Credits: 5.0 ECTS

Course:
Semester:




Students are expected to have completed
The course seeks to foster an understanding of the principles underlying the subject and to encourage students to think about those principles in a practical way. Such objectives have a particular priority in this course, since the subject is a broad one and detailed coverage of all areas of Union law would be impossible. The course aims to give students a clear understanding of the subject as a coherent body of law, rather than merely becoming acquainted with isolated parts: the areas of substantive law chosen for special study are, therefore, ones in which the doctrines most characteristic of the Union legal order have been worked out. One of the goals is that a student who has followed this course will be able to approach even unfamiliar areas of Union law with an authority born of knowledge of how the system essentially works. The course is based on the assumption that students have already mastered the principal legal skills required for the study of national law and seek to develop those skills in the somewhat different context of European Union Law. Thus, attention is paid to the different approaches to legal reasoning in general and the interpretation of texts in particular.
Competences and skills that will be acquired and learning results.
1. to analyse closely the law of the internal market, with special reference to the free movement of goods and of persons; 2. to equip students to recognise and deal with problems of European Union Law they may encounter in their subsequent careers; develop familiarity with Union law materials and methods of reasoning, and an appreciation of any differences as compared with the methods and reasoning of the common law; and provide experience of operating in an order which is both multi-lingual and multi-cultural.
Description of contents: programme
The internal market: (a) Free movement of goods: customs duties and charges having equivalent effect; discriminatory internal taxation; quantitative restrictions and measures having equivalent effect; the effect of the Keck line of case law; justifications for national restrictions on freedom of movement (not including intellectual property rights); the effect of the Unfair Commercial Practices Directive on Keck. (b) Free movement of persons: free movement of workers; freedom of establishment (not including mutual recognition of qualifications); freedom to provide services. (c) Citizenship of the Union (d) Derogations and public interest requirements (e) The free movement of capital
Learning activities and methodology
This course will be taught through actively led seminars. A comprehensive handout will be provided which will contain lists of cases which should be read in advance of the class and which will be discussed in class. The following textbooks will be proposed as supllementary reading: Barnard, The Substantive Law of the European Union: The Four Freedoms (4th ed) Barnard and Peers, EU Law, (1st ed) Chalmers, Davies and Monti, European Union Law: Cases and Materials (3rd ed) Craig and de Búrca, EU Law: Text, Cases and Materials (5th ed)
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Basic Bibliography
  • Barnard, C.. Law and Brexit. Oxford Review of Economic Policy, vol. 33, issue 1. 2017
  • Barnard, C. . The Substantive Law of the European Union: The Four Freedoms. Oxford UP. 2016
  • Chalmers, Davies and Monti. European Union Law: Cases and Materials (3rd ed). Cambridge UP. 2014
  • Craig and de Búrca. EU Law: Text, Cases and Materials (6th ed.). Oxford UP. 2015
  • European Court of Auditors. Has the Commission ensured effective implementation of the Services Directive? Special report No 05. Publication Office of the European Union. 2016
  • H-Y Chiu, I.. Research Handbook on Shadow Banking. Elgar. 2018
  • Leal-Arcas, R.. EU Trade Law. Elgar. 2019
  • Platsas, A.. The Harmonisation of National Legal Systems Strategic Models and Factors. Elgar. 2017
  • Scholten, M.. Law Enforcement by EU Authorities Implications for Political and Judicial Accountability. Elgar. 2017
  • Weiss, F., Kaupa, C.. European Union Internal Market Law. Cambridge U.P.. 2014
Recursos electrónicosElectronic Resources *
Additional Bibliography
  • A.L. Calvo Caravaca/J. Carrascosa González. Mercado Único y libre competencia en la Unión Europea. Colex. 2003
(*) Access to some electronic resources may be restricted to members of the university community and require validation through Campus Global. If you try to connect from outside of the University you will need to set up a VPN


The course syllabus and the academic weekly planning may change due academic events or other reasons.