European Domestic Market Law (Free Circulation)
Code: 102260 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2500786 Law | OT | 4 | 0 |
Contact
- Name:
- Blanca Vilà Costa
- Email:
- Blanca.Vila@uab.cat
Use of Languages
- Principal working language:
- spanish (spa)
- Some groups entirely in English:
- No
- Some groups entirely in Catalan:
- No
- Some groups entirely in Spanish:
- Yes
Other comments on languages
Taking into account the important number of international students (Erasmus, double degrees with other Universities...) the lectures are usually taught in Spanish.Teachers
- Blanca Vilà Costa
Prerequisites
Derecho europeo del mercado interior (libre circulación), grupo 1, European Internal Market Law (free circulation), group 1.
There are no specific prerequisites.
During this academic year, this course will be taught by professor Blanca Vilà. By way of exception, if the professor would not be able to teach one or more of their lectures, she may be replaced. Spanish will be the usual language of the course.
Objectives and Contextualisation
- To offer an overview of the principles and main legal framework of the European Union internal market: the "four freedoms of movement" (persons, goods, services and capital) and competition law. Most of the course will be devoted to the four freedoms. As for European competition law, the course will only provide a basic introduction to its general aspects.
- To identify the impact of EU internal market law on the legal order of Member States, and the limits that internal market law imposes on Member States.
- To get acquainted with the criteria used by the Court of Justice of the European Union to solve possible conflicts between free movement rights and other public interest objectives.
- To acquire a basic knowledge of the topics analyzed during the course, so as to facilitate further more specialized postgraduate studies in this area.
Competences
- Apprehending the necessary mechanisms in order to know, assess, and apply the legislative reforms as well as to follow the changes produced in a concrete subject.
- Arguing and laying the foundation for the implementation of legal standards.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Drawing up and formalising works, reports, documents, rulings.
- Identifying and solving problems.
- Identifying the underlying conflicts of interest in disputes and real cases.
- Identifying, assessing and putting into practice changes in jurisprudence.
- Identifying, knowing and applying the basic and general principles of the legal system.
- Integrating the importance of Law as a regulatory system of social relations.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Memorising and utilising legal terminology.
- Searching, interpreting and applying legal standards, arguing every case.
- Students must be capable of demonstrating the unitary nature of the legal system and of the necessary interdisciplinary view of legal problems.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Using the main constitutional principles and values as a working tool in the interpretation of the legal system.
Learning Outcomes
- Applying an interdisciplinary and integrated vision of the legal problems in an international environment.
- Assessing legislative changes and reforms in a context of plurality of systems.
- Assessing the underlying conflicts of interest in the legal problems proposed in an international environment.
- Building a legal reasoning or discourse in the field of Public International Law, Private International Law and European Union Law.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Drawing up and formalising works, reports, documents, rulings.
- Identifying and assessing the changes and evolution of jurisprudence in a context of plurality of systems.
- Identifying and knowing the basic contents of every stipulated speciality.
- Identifying and solving problems.
- Integrating the importance of Law as a regulatory system of social relations, and the contextualisation of the legal phenomenon in the international environment.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Memorising and using the specific terminology of Public International Law, Private International Law and European Union Law.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Using the constitutional values as a criterion for interpretation and solution of conflicts, specially in case of a contradiction between the main fundamental principles of several legal systems.
Content
Basic and summarized description of the contents of the course:
Lesson 1: Introduction.
PART I: THE FREEDOMS OF MOVEMENT
- General aspects.
- Customs duties and charges having equivalent effect.
- Discriminatory and protectionist internal taxes.
- Remedies against tax obstacles which are not in conformity wi¡th EU Law.
- Quantitative restrictions and measures having equivalent effect.
- Conditions for the existence of a restrictive measure under Article 34 TFEU.
- Measures specifically applicable to exports: Article 35 TFEU.
- Possible justification of restrictive measures: secondary law. Reasons of general interests. Article 36 TFEU.
- Other instruments.
Lesson 4: Free movement of persons
- Introduction and general aspects.
- Entry and residence in Spain of nationals of other Member States.
- Free movement of workers.
Lesson 5: right of establishment and freedom to provide services
- General aspects.
- Restrictions to establishment and to the provision of services.
- Possible justification for reasons of general interest.
- Specific issues.
Lesson 6: free movement of capital and payments
- Distinction between movements of capital and payments.
- Evolution of the EU legal framework on capital movements.
PART II: EU COMPETITION LAW
Lesson 7: Introduction and fundamental concepts
- Objectives and addresses of EU competition law.
- Concepts of undertaking and relevant market.
- Territorial scope. Relations between EU competition law and Member States' competition law,
Lesson 8: Conducts relevant for competition law.
- Prohibited conducts:
a) agreements between undertakings that restrict or distort competition.
b) abuse of a dominant position.
- Conducts subject to control:
a) control of mergers.
b) control of State aids to undertakings.
Methodology
The main Lectures (dissertations) includes the Lecturer’s presentation of each one of the contents identified, corresponding to a subject matter. The lecture’s session is oriented to the analysis of EU provisions and corresponding case-law of the CJEU, and to solve and debate practical issues. Also is a part of the “Classroom work” the discussion by Students of these issues, theoretical and practical. A crucial part of the Lecture’s Session – periodically - will be oriented to solve by written the case presented by the Lecturer in 1 hour’ time, fulfilling the written answers an oral debate between the lecturer and the stuydents, object of an periodical evaluation.
A Student who cheats or try to cheat ab exam will have a 0 as a mark. A Student who submits a paper or practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In cese of repetition, the students will fail the subject.
Activities
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Theoretical Lectures Theoretical Lectures will be online, practical lectures and case law will be live presential | 22.5 | 0.9 | 8, 7, 10, 12, 14, 2, 3 |
| Work in Classroom- Debating /Case Law analysis, Practical questions | 22.5 | 0.9 | 1, 8, 4, 5, 11, 7, 10, 9, 6, 13, 14, 2, 3 |
| Type: Autonomous | |||
| Readings, Bibliography and Sylabus | 100 | 4 | 8, 7, 10, 12, 9, 2, 3 |
Assessment
Three are in all the evaluable Student activities for the purpose of this Course:
1) (1) A written practical exam, answering and analyzing a piece of case law, at a proposed date, concerning at least one of the EU Freedoms (30% of points)
2) (2) A final exam enswe5ring TWO THEORETICAL QUESTIONS ( 50% of points)
3) (3) Participation to the oral class discussions and written cases along all Academic year sessions (20%)
Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Case Exam | 30 % | 1 | 0.04 | 1, 8, 4, 5, 7, 9, 6, 13, 14, 2, 3 |
| Classroom debate & participarion (oral and written) | 20 % | 3 | 0.12 | 1, 8, 4, 5, 11, 3 |
| Final Exam | 50 % | 1 | 0.04 | 1, 8, 4, 5, 7, 10, 12, 6, 14, 2, 3 |