European Union Internal Market (GED75146)

General information

Type:	OP	Curs:	4	Period:	S semester
ECTS Credits:	5 ECTS

Teaching Staff:

Group	Teacher	Department	Language
	Marta Pons de Vall Alomar	Derecho	ENG

The main goal of the course, European Union Internal Market, is to study how the internal market has been achieved and examine the specific problems arisen from the existence of national barriers to the free exchange of goods, persons and services within the European Union.

The program is divided into three parts:

1. The first part is an introduction regarding general economic integration concepts and the methods to achieve the internal market.

2. The second part is focussed on free movement of goods. This will be the most relevant part of the course, mainly as regards measures having equivalent effect. Special attention will be devoted to the protection of consumers and public health as national barriers to the free exchange of goods.

3. And the third part deals with free movement of people and services.

25. Change management

22. Leadership ability

5. Ability for continuous learning Ability to learn continually

1. EUROPEAN UNION INTERNAL MARKET I. INTRODUCTION LESSON 1: International economic integration 1. General notions about economic integration. Multilateralism vs. regionalism 2. Forms of economic integration - Free Trade Zone - Customs Union.- Scope and measures. -.Common market (internal market) - Economic Union and Political Union. - Monetary Union LESSON 2: The internal market of the European Union 1. The Community process of economic integration: the common market in the economic and monetary union. From the Treaty of Rome to the Treaty of Lisbon. 2. The Community system of competences. The principle of conferral. Exclusive and shared competences. 3. Means to achieve the Internal Market: - Prohibition and prevention of trade barriers - The mutual recognition principle. - Harmonization of laws II. FREE MOVEMENT OF GOODS LESSON 3: Abolition of barriers to free movement of goods. Traditional trade barriers. 1. Custom duties (Articles 28 and 30 of TFEU). 2. Charges having equivalent effect to a customs duty. Main features. The theory of the service rendered. (Articles 28 and 30 of TFEU). 3. Discriminatory Internal Taxes (Article 100 TFEU). Discrimination between similar products and discrimination between competing products. LESSON 4: The elimination of barriers to free movement of goods (II) 1. Quantitative restrictions and measures having equivalent effect (arts. 34 and 36 TFEU). Meaning of measures having equivalent effects: from Dassonvile to Keck Mithouard (Selling arrangements). Discriminatory measures and indistinctly applicable measures having equivalent effect. (Cassis de Dijon). 2. Exceptions: grounds of justification and mandatory requirements. The proportionality test: i) protection of consumers; ii) protection of public health; iii) other grounds of justification: protection of environment, human rights, etc. LESSON 5: Free movement of goods and intellectual property rights 1. Territoriality of intellectual property rights in the European Union 2. The exhaustion of rights theory and its limits. Specific subject matter of patents and trademarks. LESSON 6: Prevention measures 1. Directive 98/34 on information on technical regulations - Aims of Directive 98/34 on information on technical regulations - Main consequences of breaching Directive 98/34 (Unilever) 2. The mutual recognition principle III. FREE MOVEMENT OF PEOPLE LESSON 7: Free movement for workers 1. Scope of application: free movement for workers.- Extension to relatives (family reunification).- Definition of worker under European law. 2. The European citizenship: subject matter and rights conferred to citizens of the Union 3. Legal content of Directive 2004/38/EC. - Abolition of discrimination based on nationality - Entry, residence and right to remain in the host Member State after having been employed in that State. Formalities. Other social rights. - Measures regarding social security protection. LESSON 8: Exceptions to the free movement of workers - Public order, public safety and public health. Principle of proportionality and guarantees. Chapter VI of Directive 2004/38/EC. - Jobs in the public service (art. 45.4 TFUE). Institutional interpretation. IV. FREE MOVEMENT OF SERVICES AND RIGHT OF ESTABLISHMENT LESSON 9: Scope of application 1. Meaning of free movement of services and right of establishment. 2. Personal scope of application: conditions to be beneficiaries of these freedoms. Posted workers (Directive 97/71). 3. Material scope of application: activities included. 4. Activities excluded: public service. LESSON 10: Measures addressed to the achievement of the free movement of services and the right of establishment 1. Equal treatment regarding access and conditions of carrying out an economic activity. Directive 2006/123/CE. 2. Exceptions: public order and public safety. The general interest clause. 3. Recognition of professional qualifications (diplomas and titles): Directive 2005/36/CE. 4. Free movement of services and right of establishment of lawyers.

OBJECTIVES AND METHODOLOGY

The course will be carried out on the basis of a Socratic method. Participants should read and prepare the judgments contained in the materials. In class, some questions will be raised about the facts of the case, the position of the different litigants and the judgment of the Court. Students are supposed to answer these questions and even give a personal opinion about the solution given by the European Court of Justice. Therefore, it is absolutely necessary to read and prepare the case law before the day of class.

Students will receive:
- The course SYLLABUS
- Case law to be read and prepared in class or at home
- Some review articles or comments on the matters of the course.

Recommended Bibliography:

- Treaty of the Functioning of the European Union (Treaty of Lisbon).
- Course syllabus

- M. LOPEZ ESCUDERO y otros: Derecho comunitario material, Mc Graw Hill, Madrid 2000
- R. ILLESCAS ORTIZ y otros: Derecho comunitario Económico (Volumen I) Las libertades fundamentales, Colex 2001
- B. PEREZ DE LAS HERAS: Las libertades económicas comunitarias, segunda edición, Universidad de Deusto 1997
- A. MATTERA RIGLIANO: El Mercado Único, sus reglas y su funcionamiento, Civitas, Madrid 1991
- N. STOFFEL VALLOTON: La prohibición de restricciones a la libre circulación de mercancías en la Comunidad Europea, Dykinson 2000.
- CATHERINE BARNARD: The substantive law of the European Union, Oxford University Press, third edition 2010
- GARETH DAVIES: European Union internal market law, second edition 2003, Cavendish Publishing Ltd.
- LORNA WOODS: Free Movement of Goods and Services within the European Community, Ashgate Publishing; Re-issue edition, 2004
- MADS ANDENAS AND WULF-HENNING ROTH, Services and Free movement in the EU Law , 2003
- ROBIN C.A. WHITE: Workers, Establishment and Services in the European Union, Oxford University Press, Series: Oxford European Community Law Library, 2004

Group	Teacher	Department
	Marta Pons de Vall Alomar	Derecho