Teacher(s)
Language
English
Prerequisites
EU law [LDROI1226] or similar course covering institutional aspects of EU law and enforcement mechanisms.
If you have not taken such a course so far, you will need to catch up on some essential elements: the principle of primacy, vertical and horizontal direct effect (definition, conditions and implementation), the distinction between directives and regulations.) The books recommended in the bibliography below will help you.
If you have not taken such a course so far, you will need to catch up on some essential elements: the principle of primacy, vertical and horizontal direct effect (definition, conditions and implementation), the distinction between directives and regulations.) The books recommended in the bibliography below will help you.
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].
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].
Content
This course covers the core of substantive European law, namely the internal market. More specifically, it covers the four freedoms of movement (free movement of goods, free movement of persons, freedom to provide services and free movement of capital).
0. Introduction
1. The Internal Market Toolbox and the Customs Union
3. Fiscal barriers to the free movement of goods
4. Regulatory barriers to the free movement of goods
6. The scope of the free movement of services
7. Rights protected under the free movement of services
9. Free movement of workers
0. Introduction
1. The Internal Market Toolbox and the Customs Union
Part I. The free movement of goods
2. Introduction to the free movement of goods3. Fiscal barriers to the free movement of goods
4. Regulatory barriers to the free movement of goods
Part II. Freedom to provide and receive services
5. Introduction to the free movement of services6. The scope of the free movement of services
7. Rights protected under the free movement of services
Part III. Free movement of persons
8. Freedom of establishment9. Free movement of workers
10. European citizenship
Part IV. Free movement of capital
The methods characteristic of EU law (harmonisation, mutual recognition, administrative cooperation) and the typical modes of reasoning of the Court of Justice will be highlighted throughout the course.
Teaching methods
This course is taught to a large group but is not exclusively lecture-based. Students work in pairs, and each week have to do some reading, answer questions and/or solve a case study. In November, two coaching sessions will be given with an English teacher: in the first, students will work on an exam question from a previous year. Two weeks later, they will receive feedback on their work, both in terms of content and English writing.
Evaluation methods
The assessment consists of a 2-hour written final exam in English. The exam consists of a multiple choice questionnaire and a hypothetical.
The assessment criteria are as follows
At the end of the exam, the answers will be transmitted online via Gradescope. Students will need to have logged into Gradescope at least once before the exam.
During the exam, students have access to all EU legislation and case law (Eur-Lex and Curia websites) and to an online multilingual dictionary. They also have limited access to DeepL.
Students may bring the coursepack (available from Service cours). The documents in the coursepack may be highlighted but not annotated (no writing at all is permitted). Students may add flags to the coursepack (post-its on the side or at the top of a page) with the sole purpose of navigating it faster. For example, flags may indicate where the section on freedom of establishment starts. Names of cases may be written on the flags). Any writing must be on the flags, not on the documents.
The assessment criteria are as follows
- exact knowledge of legal rules
- ability to identify and analyse a legal issue in a given factual situation,
- ability to correctly identify the applicable rule,
- ability to clearly enunciate a legal rule
- ability to adequately explain applicable legal rules
- ability to justify the choice of a legal rule taking due account of the practical aims
- 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 (in English)
- good, clear structure of written answer (link with the question, logical order of arguments, link between sentences and between paragraphs).
At the end of the exam, the answers will be transmitted online via Gradescope. Students will need to have logged into Gradescope at least once before the exam.
During the exam, students have access to all EU legislation and case law (Eur-Lex and Curia websites) and to an online multilingual dictionary. They also have limited access to DeepL.
Students may bring the coursepack (available from Service cours). The documents in the coursepack may be highlighted but not annotated (no writing at all is permitted). Students may add flags to the coursepack (post-its on the side or at the top of a page) with the sole purpose of navigating it faster. For example, flags may indicate where the section on freedom of establishment starts. Names of cases may be written on the flags). Any writing must be on the flags, not on the documents.
Other information
Exam questions are in English and students must answer in English.
The documents allowed in the examination are:
The documents allowed in the examination are:
- EU Treatises (any edition). Pre-existing annotations in a treatise, such as references to articles, are tolerated.
- The coursepack: only the version printed by the Service cours for the current academic year will be accepted (no ‘home’ printed version, even bound, will be accepted). To be admitted to the examination, the coursepack must not be annotated. It may, however, contain underlined text, and bookmarks may be used to make it easier to navigate.
- Lists of useful expressions in English (see course materials, these documents may be highlighted but not annotated).
Online resources
- The textbook (compulsory reading)
- The coursepack (compulsory reading)
- Optional further reading
- Case studies and sample exam questions
- Lists of useful expressions in English
Bibliography
The manual for this course is / Le manuel utilisé pour ce cours est
To revise basics / pour réviser les bases
- Robert Schütze, European Union Law, OUP, 2021 (3rd ed). Cet ouvrage est disponible en version électronique sur EU Law Trove (accessible en ligne après identification). Il couvre un domaine plus large que le cours, y compris le droit institutionnel. Seule la partie sur les libertés de circulation est utile pour ce cours. Cet ouvrage est plus concis que ceux de Craig&de Búrca et de Barnard. Sur certains points, le cours va plus loin. This book is available online on Law Trove (online after identification). It covers a wider field than the course, including institutional law. Only the part on freedom of movement is useful for this course. This book is more concise than those by Craig&de Búrca and Barnard. On certain points, the course goes further.
To revise basics / pour réviser les bases
- Matthew Homewood and Clare Smith, EU Law Concentrate: Law Revision and Study Guide (8th edn), OUP, 2022 (available on LawTrove)
- Steve Peers and Catherine Barnard, European Union Law (4th edn), Oxford: OUP, 2023. Cet ouvrage couvre un champ plus large que le cours, incluant le droit institutionnel ainsi que, de manière concise, diverses politiques de l'UE telles que la politique de concurrence et la protection des consommateurs. Il est disponible sous forme électronique dans la base de données EU Law Trove. This book covers a wider scope than the course, including institutional law and also, in a concise manner, various EU policies such as competition policy and consumer protection. It is available online on Law Trove (after identification).
- Paul Craig et Gráinne de Búrca, EULaw : Text, Cases, and Materials (8th ed), Oxford : OUP, 2024. Cet ouvrage couvre un champ plus large que le cours, y compris le droit institutionnel. Il est disponible en ligne sur Law Trove.This book covers a wider scope than the course, including institutional law. It is available in electronic form on EU Law Trove.
- Karen Davis, Understanding EU Law, Abingdon: Routledge, 2022 (8th ed). Cet ouvrage très concis sera particulièrement utile aux étudiants qui ont besoin d'apprendre ou de réviser rapidement les bases du droit institutionnel, notamment le principe de primauté, l'effet direct et la distinction entre directives et règlements. This very concise book will be particularly useful for students who need to learn or revise the basics of institutional law quickly, in particular, the principle of primacy, direct effect and the distinction between directives and regulations.
- Catherine Barnard, The Substantive Law of the EU: The Four Freedoms, Oxford: OUP, 2022 (7th Edition). Cet ouvrage est accessible en ligne sur Law Trove (après identification). This textbook is available online on Law Trove (after identification).
- Steve Peers and Catherine Barnard, European Union Law (4th edn), Oxford: OUP, 2023. Cet ouvrage couvre un champ plus large que le cours, incluant le droit institutionnel ainsi que, de manière concise, diverses politiques de l'UE telles que la politique de concurrence et la protection des consommateurs. Il est disponible sous forme électronique dans la base de données EU Law Trove. This book covers a wider scope than the course, including institutional law and also, in a concise manner, various EU policies such as competition policy and consumer protection. It is available online on Law Trove (after identification).
Teaching materials
- Textbook
- Coursepack (caselaw and legislation)
- Useful English expressions (pdf available on ILV website)
Faculty or entity
