EU Law: the internal market
Etablissement : Faculté de Droit – Lille et Issy-les-Moulineaux
Langue : Anglais
Formation(s) dans laquelle/lesquelles le cours apparait :
Période : S3
This course is divided into 3 parts:
– Introduction designing the context within which was created the Internal Market of the EU and the EU Institutions playing a role in its functioning (Sessions 1-2).
– Analysis of the 4 fundamental freedoms governing the Internal Market of the EU (Sessions 3-7).
– The rules preserving free competition within the EU Internal Market (Session 8).
The course will consist of 9 sessions of 2 hours each, as outlined above. Total = 18 hours.
SESSION 1: The EU Internal Market: a social market economy with free competition completed by regulatory rules
1) Introduction to EU Law: Economic Integration: A mean towards political unification?
2) Different stages of integration: Towards a Social Market Economy with Free Competition
SESSION 2: EU Institutional Law
1) Power sharing within the EU:
a. The principle of conferral
b. Types of competences of the EU
c. The principle of subsidiarity
d. The principle of proportionality
2) The Institutional structure of the EU
a. The European Parliament
b. The European Council
c. The Council (of ministers)
d. The European Commission
e. The Court of Justice of the EU
f. The Audit Institutions:
i. The European Court of Auditors
ii. The ombudsman
iii. The European data supervisor
g. The Financial Bodies and Institutions
i. The European Central Bank
ii. The European Investment Bank
3) Law-Making instruments in the EU:
a. Sources of EU Law
b. The choice of Law-Making Procedure
4) Relationship between EU Law and National Legal Systems
a. The Doctrine of supremacy of EU Law
b. The Doctrine of direct effect of EU Law
SESSION 3: Free movement of goods
1) Internal dimension
a. Fiscal – Tariff measures:
i. Custom duties and charges having equivalent effect (art. 28-30 TFEU)
ii. Internal taxation: discriminatory and protectionist taxation (art. 110 TFEU)
b. Non-fiscal/tariff measures: Quantitative restrictions and measures having equivalent effect (art. 34-37 TFEU)
2) External dimension: the Common commercial Policy (CCP)
a. Tariff barriers to external trade: the Common Custom Tariff (CCT) and the combined nomenclature (CN)
b. Non-tariff barriers to external trade: regulations on imports and exports from/towards third countries
SESSION 4: Free movement of persons I: The workers (art. 45 TFEU)
1) The EU citizenship
2) The definition of a “worker”
3) Rights conferred to workers:
a. Access to a post on non-discriminatory terms