EU Internal Market Law

Teacher(s)

Lewis Xavier (compensates Sibony Anne-Lise); 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].

Learning outcomes

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.

Content

Teaching methods

In 2019-2020, Prof. Sibony is on sabbatical and the course will be taught by Xavier Lewis (European Commission)
Readings will be assigned before each class. For some classes you will have to research a hypothetical question.

Evaluation methods

Assessment consists of four short written examinations to be held at regular intervals during the course of the semester. Each examination will correspond to a part of the course, will be done remotely and should be submitted electronically via Moodle by a fixed time. There will be a FOUR page limit for each response. The final grade will be the mathematical average of the four answers submitted during the course.
Assessment criteria are as follows: · ability to identify and analyse 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 · good, clear structure of written answer (link with the question, logical order of arguments, link between sentences and between paragraphs).

Other information

Examination questions will be in English. Students may answer in French (note: this requires acquiring the proper technical vocabulary for the course in both languages). The examinations will be “open book” and done remotely. Students have access to all the course materials.

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

Textbook for this course (mandatory reading)
Catherine Barnard, The Substantive Law of the EU : The Four Freedoms, Oxford: OUP, 2019 (Sixth Edition).
Other reference books in English
Paul Craig et Gráinne de Búrca, EULaw : Text, Cases, and Materials, Oxford : OUP, 2019 (Seventh Edition). Covers a broader selection of topics than this course (including EU constitutional law).
Robert Schutze, European Union Law, Cambridge: Cambridge University Press, 2019 (Second Edition). Covers a broader selection of topics than this course (including EU constitutional law).
Karen Davis, Understanding EU Law, Abingdon: Routledge, 2019 (Seventh Edition)This concise book will be particularly helpful to students who need to quickly revise the basics of EU constitutional law (e.g. primacy principle, how directives work...)

Teaching materials

• EU INTERNAL MARKET LAW - Documents

Faculty or entity

BUDR