European Union Law: Substantive Law
Volledige vakbeschrijving
The purpose of this course is to introduce students to the core of what is known as the "substantive law" of the European Union. The course is based on two main pillars, on the one hand the four freedoms and on the other hand the rules of competition law. These constitute the foundation of the economic and social order of the European Union. The course deals in detail with the free movement of goods (financial and quantitative restrictions), the free movement of persons, the freedom of establishment, the free movement of services. It specifically addresses the position of family members and the recognition of qualifications. Some attention is paid to third country nationals. Furthermore, the outlines of the free movement of capital are addressed. In the last part, the course gives an introduction to the area of competition law. Cartel agreements and concerted practices, the abuse of a dominant position, mergers, state monopolies, state aid and the enforcement of competition law shall be addressed.
Key words
History of the Internal Market. – legal developments and CJEU case law, on financial restrictions on the free movement of goods. Common External, Tariff; Import duties; Charges having equivalent effect; Internal, taxation.,
- Legal developments and case law on quantitative restrictions; quotas;, measures having equivalent effect; certain selling arrangements;, justifications (including proportionality),
- Development of EU citizenship; the notions of worker; self-employed, persons; rights of family members; prohibition on discrimination on, nationality; restrictions in the free movement and limitations of the, free movement based on Treaty, secondary legislation and case-law.,
- Fee Movement of Establishment and Services; diploma recognition of, professionals.,
- Position of Third Country Nationals; residence and equal treatment., Long Term Residence; Family Reunification; Association Agreements., Free Movement of Capital.,
- Prohibition of agreements, concerted practices and decisions of, associations of undertakings; prohibition on abuse of a dominant, position.,
- State aid and enforcement of competition law.,
Doelstellingen van dit vak
Has knowledge and insight in the most important fields of substantive EU Law (free movement/competition). Has the ability to identify and solve legal problems in the areas of law described above. Develops a critical attitude towards the areas of law described above.
To this end the following learning outcomes are defined (and assessed):
- Knowledge and insight:
- EU free movement and competition law as described above.
- Applying knowledge and insight, judgement and communication
- Find, analyse and critically assess sources.
- Case solving: being able to distill a legal problem from a set of fact, select the corresponding rules, analyse and apply these rules and draw a logical conclusion solving the problem.
- Analysis; being able to analyse and critically reflect upon the legal systems and subjects addressed in the course.
- Being able to communicate in both written and oral form the analyses and necessary steps for case solving mentioned above.
- Being able to do the above in functional English.
In addition the following outcomes will be addressed in the case:
- Applying knowledge and insight, judgement and communication:
- Approach problems from different angles.
- Take into account societal and/or ethical aspects in a case.
- Awareness of historical and/or societal context.
- Learning skills:
- Planning, executing and evaluation own learning strategy
- Team work.
Voorwaarden
The course builds on the knowledge acquired in Introduction to International and European Law and EU Law: Foundations.
Aanbevolen literatuur
To be anounced.