EU internal market law

leusl2023  2020-2021  Louvain-la-Neuve

EU internal market law
Due to the COVID-19 crisis, the information below is subject to change until September 13, in particular that concerning the teaching mode (presential, distance or in a comodal or hybrid format).
5 credits
37.5 h
Q2
Teacher(s)
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.
Aims

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.

 

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
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. Note however that free movement of capital will only be dealt with briefly. 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

Due to the COVID-19 crisis, the information in this section is particularly likely to change until September 13.

This course is partly lecture based and partly a seminar. As a rule, each meeting will consist of a lecture, a discussion on readings to be prepared before class and 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. In class, students are strongly invited to ask questions. In particular, it is incumbent upon students to ask for precise explanations on readings or for the answer to a question they had to prepare. Students will have to answer oral questions on the readings.
Evaluation methods

Due to the COVID-19 crisis, the information in this section is particularly likely to change until September 13.

Assessment consists of a written exam in English, comprising a problem and several questions. 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 to the exam the European treaties as well as the documentation package. Authorised documents may not be annotated. Students may however highlight and/or flag certain sections in authorised documents. 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
Catherine Barnard, The Substantive Law of the EU: The Four Freedoms, Oxford : OUP, 2013 (Fourth Edition). Ouvrage de référence sur le droit du marché intérieur. Ne couvre pas le droit de la concurrence.
Paul Craig et Gráinne de Búrca, EU Law: Text, Cases, and Materials, Oxford : OUP, 2015 (Sixth Edition). Ouvrage de référence en droit européen. Couvre un domaine beaucoup plus large que le cours (dont le droit institutionnel, le droit de la concurrence et plusieurs politiques de l'Union).
Robert Schutze, European Union Law, Cambridge: Cambridge University Press, 2015. Nouvel ouvrage, également très complet (comme Craig et de Búrca) mais avec moins d'extraits de jurisprudence.
Karen Davies, Understanding European Union Law, Routledge (6th Edition) 2016. Un livre très concis et clair, parfait si vous avez besoin de réviser le droit insititutionnel en anglais avant d'aborder ce cours. Attention : la partie marché intérieur de l'ouvrage est moins approfondie que le cours.
Faculty or entity


Programmes / formations proposant cette unité d'enseignement (UE)

Title of the programme
Sigle
Credits
Prerequisites
Aims
Master [120] in Public Administration

Master [120] in European Studies

Specialised master in European Business and Economic Policy