EU Internal Market Law

Teacher(s)

Sibony Anne-Lise;

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.

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].

Content

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 format is as follows: one or two open questions and a case study.
The assessment criteria are as follows

• 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
• 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).

This written exam takes place in the computer rooms. 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.
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.
A QWERTY keyboard will be available to students who request it in advance.

 

Other information

The examination questions will be in English. Students must answer in English.
The documents authorised for the examination are :

•  EU treatises (any edition),
• The course pack: only the version printed by the DUC is authorised (no home-printed version, even if it is bound be admitted). The course pack must not be annotated. It may contain underlined text, and bookmarks may be used to make it easier to navigate through the booklet.
• The lists of useful expressions in English (these documents may be highlighted but not annotated).

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. Lists of useful expressions in English will also be posted on Moodle.

Bibliography

The manual for this course is / Le manuel utilisé pour ce cours est

• Robert Schütze, European Union Law, OUP, 2021 (3ème ed). Cet ouvrage est disponible en version électronique sur EU Law Trove. Il couvre aussi 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 Craig&de Búrca et que Barnard. Sur certains points, le cour va plus loin.

Other reference textbooks / Autres ouvrages de référence
To deepen your knowledge of Internal Market Law / Pour approfondir le droit du marché intérieur

• Catherine Barnard, The Substantive Law of the EU: The Four Freedoms, Oxford: OUP, 2022 (7th Edition). Cet ouvrage est accessible gratuitement en version électronique sur la plateforme EU Law Trove (après identification).

To broaden your knowledge of other EU policies / Pour élargir votre connaissance aux autres politiques de l'Union

• Steve Peers and Catherine Barnard, European Union Law (4th edn), Oxford: OUP, 2023. 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 in electronic form on the EU Law Trove database.

Pour des révisions ou un rattrapage de droit constitutionnel de l'Union/For revision or catching up on EU constitutional law

Teaching materials

• EU INTERNAL MARKET LAW - Documents
• Useful language functions for academic writing (pdf available on ILV website)
• Report writing language (pdf available on ILV website)

Faculty or entity

> BUDR