Advanced EU Internal Market Law

Credits: 
6
Objectives: 

This subject aims to provide the students with a thorough understanding of the basic rules concerning the most important area of substantive EU law, the Internal Market, through an interactive approach. This will be achieved by analysing the basic case law of the Court of Justice of the European Union and key secondary legislation with regard to the free movement of goods, persons, services  such as the services (‘Bolkestein’) directive and the citizens directive, as well as their interactions on the basis of class discussions. Attention will also be paid to harmonisation strategies and the impact of harmonization measures on the proper functioning of the Internal Market. Besides the basic principles also the recent developments will be explored on an interactive basis (with the possibility of an occasional guest lecture), such as for instance, new developments concerning EU citizenship and movement of third country nationals, the elaboration of an e-Internal Market, EU information society law and Trade related aspects of intellectual property rights.

The approach is interactive. It is expected that students wimll prepare for classes, write reading schedules and participate actively in class discussions.

Contents: 

First the historical/dynamic context to, and the meaning of, the concept "Internal Market" will be set out briefly.

Then a thorough analysis will be made in an interactive manner of the rules and case law concerning the free movement of goods, looking more closely at basic concepts, such as free trade areas/Customs Union, tariff - and non-tariff barriers to trade, and in particular measures having equivalent effect to quantitative restrictions. Due attention is paid to the origin, application and implications for Member States of the principle of mutual recognition. The possibility for Member States to invoke higher objectives (art. 36 TFEU and mandatory requirements) to escape the application of arts. 34-35 TFEU, not in the least when EC harmonization measures have been adopted pursuant to arts. 114-115 TFEU, are also thoroughly discussed.

The rules on the free movement of persons, including workers, establishment and services are analysed in depth on the basis of a study of case law of the Court of Justice of the European Union. It is considered to what extent one can still discern a reasoning by analogy to the free movement of goods, both with respect to the application of the basic rule and of the possible exceptions.

Recent developments form the topic of case-studies, such as, for instance, new developments concerning EU citizenship and movement of third country nationals, the elaboration of an e-Internal Market, EU nformation society law, or Trade related aspects of intellectual property rights are discussed.

Key words: 
Internal Market; Common Market; Historical context; Modernization Package; Free movement of goods; Free movement of persons; Free movement of services; Free movement of capital; Harmonization of laws; Free trade areas; Customs Union; Tariff barrier to trade; Non-tariff barrier to trade; Mandatory requirements; Quantitative restrictions and measures having equivalent effect; Citizenship of the Union; Movement of third country nationals; E-Internal Market; EU Information society; Trade-related aspects of intellectual property rights; Higher objectives and fundamental rights.
Faculty members: