20101386 - STATE AND MARKET IN EUROPEAN UNION LAW

This course is part of the program "Studying Law at Roma Tre," thus, attendance is required. Students who want to attend this course must complete a pre-registration form to enroll. Download the form here. http://www.giur.uniroma3.it/studying_law/programs/Application%20Form%20for%20Study%20Law%20at%20Roma%20Tre%20Courses%20and%20Seminars%20RS_perpetua.doc

At the end of this course, successful students will:
be familiar with the more relevant internal market regulations, their application
and interpretation by the Court of Justice of the European Union;
understand the effects that the application of European rules and principles have
on member States’ administrative law;
develop critical skills of analysis and interpretation of the EU economic constitution;
have improved oral and written communication skills with specific regard to European
law and administrative law.

Curriculum

teacher profile | teaching materials

Mutuazione: 20101386 STATE AND MARKET IN EUROPEAN UNION LAW(STATO E MERCATO NEL DIRITTO DELL'UNIONE EUROPEA) in GIURISPRUDENZA LMG/01 N0 LOTTINI MICAELA

Programme

THE COURSE IS DIVIDED INTO FOUR SECTIONS:
I. GENERAL OVERVIEW OF THE CONCEPT OF INTERNAL MARKET AND ADMINISTRATIVE LAW, FOCUSSING ON SOME EXAMPLES OF HOW EACH AND EVERY ASPECT OF THE NATIONAL ADMINISTRATIVE SYSTEMS (OF ALL MEMBER STATES) HAS BEEN AFFECTED BY EU LAW. THE LIBERALISATION DIRECTIVES OF NATIONAL PUBLIC SERVICES; THE LIBERALISATION OF THE JOB PLACEMENT MARKET (CASE JOB CENTRE, C-55/96, OF 11 DECEMBER 1997). THE PARTICULAR CASE OF LOCAL PUBLIC SERVICES (CASES RISAN, C-108/989 SEPTEMBER 1999 AND CONAME, C-231/03 OF 21 JULY 2005) AND THE CONCEPT OF ‘EUROPEAN RELEVANCE’. THE INTERNAL MARKET (ART. 26 TFEU AND CASE COMMISSION V UK, C-207/83 OF 25 APRIL 1985). NEGATIVE AND POSITIVE INTEGRATION. THE NON DISCRIMINATION PRINCIPLE (ART. 18 TFEU AND ART. 21 OF THE CHARTER OF FUNDAMENTAL RIGHTS). THE DEFINITION OF ‘MARKET’, ‘ECONOMIC ACTIVITIES’, UNDERTAKINGS AND ‘PUBLIC ACTIVITIES’ (COMMISSION V ITALIAN REPUBLIC, C-118/85, OF 16 JUNE 1987; VIACOM OUTDOOR, C-134/03, OF 17 FEBRUARY 2005). CLASS DISCUSSIONS ON THE JUDGEMENTS OF THE ECJ.

II. THE RULES OF THE EUROPEAN ECONOMIC CONSTITUTION. FREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT (ARTICLES 56, 57 AND 49 TFEU) AND THE EXCEPTIONS TO THEIR APPLICATION (ARTICLES 51-55 TFEU). ACTIVITIES WHICH IN THAT STATE ARE CONNECTED, EVEN OCCASIONALLY, WITH THE EXERCISE OF OFFICIAL AUTHORITY (ADVOCATE GENERAL MAYRAS, OPINION IN THE REYNES CASE C-2/74, OF 21 JUNE 197). THE CONCEPT OF SERVICE (HUMBEL, C-263/86, OF 27 SEPTEMBER 1988). COMPREHENSIVE APPLICATION OF THE RULES ON FREE MOVEMENT OF SERVICES (COMMISSION V. FRANCE, C-154/89 OF 26 FEBRUARY 1991). FREE MOVEMENT OF WORKERS (ART. 45 TFUE). THE CONCET OF WORKER (NINNI, C-413/00, OF 6 NOVEMBER 2001 AND BETTRAY, C-344/87 OF 31 MAY 1999). ART. 45, N. 4, THE EMPLOYMENT IN THE PUBLIC SERVICE (LAWRIE-BLUM, C-66/85 OF 3 JULY 1986 AND COMMISSION V. FRANCE, C-307/84 OF 3 JUNE 1986). FREE MOVEMENT OF GOODS (ARTICLE 34 E 35 TFEU); DEFINITION OF GOOD (CASE COMMISSION V ITALY, C-7/6, OF 10 DECEMBER 1968). MEASURES HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION (CASE DASSONVILLE, C-8/74 OF 11 JULY 1974). THE MUTUAL RECOGNITION PRINCIPLE (CASE CASSIS DE DIJON, C-120/78, OF 20 FEBRUARY 1979) DECISIONS ON FREE MOVEMENT OF GOODS (COMMISSION V. ITALY, 5 FEBRUARY 2004, C-270/02 AND COMMISSION V. ITALY, C-193/80, OF 9 DECEMBER 1981). CLASS DISCUSSION ON THE JUDGEMENTS OF THE ECJ.

III. THE ROLE OF NATIONAL PUBLIC ADMNSITRATIONS FOR THE INTEGRATION OF THE INTERNAL MARKET; THE NEW EUROPEAN GOVERNANCE AND THE PRINCIPLE OF ADMINISTRATIVE COOPERATION; THE NEW TOOLS FOR THE INTERNAL MARKET INTEGRATION PROVIDED BY THE STRATEGY DEVELOPED BY THE EUROPEAN COMMISSION, SUCH AS SOLVIT, THE INTERNAL MARKET INFORMATION SYSTEM -IMI, THE EUROPEAN PROFESSIONAL CARD, ETC.).

IV THE LAST PART OF THE COURSE IS DEDICATED TO THE ANALYSIS OF THE EUROPEAN POLICY ON ANIMAL WELFARE HAVING PARTICULAR REGUARD TO THE INTERPRETATION AND APPLICATION OF ART. 13 TFEU.


Core Documentation

A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING SEVERAL DECISIONS OF THE EUROPEAN COURT AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS THAT WILL BE MADE AVAILABLE ALONG WITH A SET OF SLIDES.
NO TEXT BOOK WILL USED.
SOME MATERIALS ARE OPTIONAL AND STUDENTS CAN USE THEM TO DEEPEN THEIR KNOWLEDGE OF SPECIFIC TOPICS.
SLIDES, ACADEMIC PAPERS, CASES AND OTHER MATERIALS WILL BE MADE AVAILABLE THROUGH THE E-LEARNING PLATFORM AT THE BEGINNING OF THE COURSE, HOWEVER STUDENTS WILL BE ENCOURAGED TO MAKE THEIR OWN RESEARCH.




Type of delivery of the course

LECTURES WILL BE HELD IN ENGLISH AND STRUCTURED TO OPTIMISE ACTIVE PARTICIPATION THROUGH PUBLIC DISCUSSIONS MAINLY FOCUSED ON THE CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION. ALL STUDENTS WILL HAVE TO GIVE THEIR CONTRIBUTION TO THE DEBATES BASED ON THE TOPICS DEALT WITH IN CLASS AND COULD BE ASKED TO COMMENT IN WRITING DECISIONS OF THE CJEU. SLIDES WILL BE MADE AVAILABLE THROUGH THE E-LEARNING PLATFORM. DUE TO THE COVID-19 EMERGENCY THE LECTURES WILL BE HELD ON-LINE AND THE WAYS OF PARTICIPATION IN CLASS WILL BE DECIDED DURING THE COURSE.

Attendance

IN ORDER TO OBTAIN THE CFUS, ATTENDANCE IS COMPULSORY.

Type of evaluation

STUDENTS’ EVALUATION WILL BE BASED ON TWO FINAL EXAMS: WRITTEN AND ORAL. FOR THE WRITTEN EXAM STUDENTS WILL BE ASKED TO WRITE A PAPER TO COMMENT A DECISION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION. THE GRADES WILL BE BASED ON THE LEVEL OF KNOWLEDGE OF THE TOPICS DEALT WITH IN CLASS, CRITICAL REASONING AND THE CAPACITY TO WRITE A TEXT IN ENGLISH. THE ORAL EXAM IF, DUE TO THE COVID-19 EMERGENCY, COULD NOT BE HELD AT THE UNIVERSITY, WILL BE HELD ON-LINE. THE VOTES RANGE FROM A MINIMUM OF 18/30 AND A MAXIMUM OF 30/30 CUM LAUDE DEPENDING ON THE LEVEL OF KNOWLEDGE OF THE TOPICS DEALT WITH, REASONING SKILLS AND THE CAPACITY TO USE THE ENGLISH LANGUAGE. THE FINAL GRADE IS THE RESULT OF THE PREVIOUS TWO GRADES. CHANGES TO THIS CHEME COULD BE DECIDED IN RELATION TO THE COMPOSITION OF THE CLASS OR OTHER OVERRIDING REASONS

teacher profile | teaching materials

Mutuazione: 20101386 STATE AND MARKET IN EUROPEAN UNION LAW(STATO E MERCATO NEL DIRITTO DELL'UNIONE EUROPEA) in GIURISPRUDENZA LMG/01 N0 LOTTINI MICAELA

Programme

THE COURSE IS DIVIDED INTO FOUR SECTIONS:
I. GENERAL OVERVIEW OF THE CONCEPT OF INTERNAL MARKET AND ADMINISTRATIVE LAW, FOCUSSING ON SOME EXAMPLES OF HOW EACH AND EVERY ASPECT OF THE NATIONAL ADMINISTRATIVE SYSTEMS (OF ALL MEMBER STATES) HAS BEEN AFFECTED BY EU LAW. THE LIBERALISATION DIRECTIVES OF NATIONAL PUBLIC SERVICES; THE LIBERALISATION OF THE JOB PLACEMENT MARKET (CASE JOB CENTRE, C-55/96, OF 11 DECEMBER 1997). THE PARTICULAR CASE OF LOCAL PUBLIC SERVICES (CASES RISAN, C-108/989 SEPTEMBER 1999 AND CONAME, C-231/03 OF 21 JULY 2005) AND THE CONCEPT OF ‘EUROPEAN RELEVANCE’. THE INTERNAL MARKET (ART. 26 TFEU AND CASE COMMISSION V UK, C-207/83 OF 25 APRIL 1985). NEGATIVE AND POSITIVE INTEGRATION. THE NON DISCRIMINATION PRINCIPLE (ART. 18 TFEU AND ART. 21 OF THE CHARTER OF FUNDAMENTAL RIGHTS). THE DEFINITION OF ‘MARKET’, ‘ECONOMIC ACTIVITIES’, UNDERTAKINGS AND ‘PUBLIC ACTIVITIES’ (COMMISSION V ITALIAN REPUBLIC, C-118/85, OF 16 JUNE 1987; VIACOM OUTDOOR, C-134/03, OF 17 FEBRUARY 2005). CLASS DISCUSSIONS ON THE JUDGEMENTS OF THE ECJ.

II. THE RULES OF THE EUROPEAN ECONOMIC CONSTITUTION. FREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT (ARTICLES 56, 57 AND 49 TFEU) AND THE EXCEPTIONS TO THEIR APPLICATION (ARTICLES 51-55 TFEU). ACTIVITIES WHICH IN THAT STATE ARE CONNECTED, EVEN OCCASIONALLY, WITH THE EXERCISE OF OFFICIAL AUTHORITY (ADVOCATE GENERAL MAYRAS, OPINION IN THE REYNES CASE C-2/74, OF 21 JUNE 197). THE CONCEPT OF SERVICE (HUMBEL, C-263/86, OF 27 SEPTEMBER 1988). COMPREHENSIVE APPLICATION OF THE RULES ON FREE MOVEMENT OF SERVICES (COMMISSION V. FRANCE, C-154/89 OF 26 FEBRUARY 1991). FREE MOVEMENT OF WORKERS (ART. 45 TFUE). THE CONCET OF WORKER (NINNI, C-413/00, OF 6 NOVEMBER 2001 AND BETTRAY, C-344/87 OF 31 MAY 1999). ART. 45, N. 4, THE EMPLOYMENT IN THE PUBLIC SERVICE (LAWRIE-BLUM, C-66/85 OF 3 JULY 1986 AND COMMISSION V. FRANCE, C-307/84 OF 3 JUNE 1986). FREE MOVEMENT OF GOODS (ARTICLE 34 E 35 TFEU); DEFINITION OF GOOD (CASE COMMISSION V ITALY, C-7/6, OF 10 DECEMBER 1968). MEASURES HAVING EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION (CASE DASSONVILLE, C-8/74 OF 11 JULY 1974). THE MUTUAL RECOGNITION PRINCIPLE (CASE CASSIS DE DIJON, C-120/78, OF 20 FEBRUARY 1979) DECISIONS ON FREE MOVEMENT OF GOODS (COMMISSION V. ITALY, 5 FEBRUARY 2004, C-270/02 AND COMMISSION V. ITALY, C-193/80, OF 9 DECEMBER 1981). CLASS DISCUSSION ON THE JUDGEMENTS OF THE ECJ.

III. THE ROLE OF NATIONAL PUBLIC ADMNSITRATIONS FOR THE INTEGRATION OF THE INTERNAL MARKET; THE NEW EUROPEAN GOVERNANCE AND THE PRINCIPLE OF ADMINISTRATIVE COOPERATION; THE NEW TOOLS FOR THE INTERNAL MARKET INTEGRATION PROVIDED BY THE STRATEGY DEVELOPED BY THE EUROPEAN COMMISSION, SUCH AS SOLVIT, THE INTERNAL MARKET INFORMATION SYSTEM -IMI, THE EUROPEAN PROFESSIONAL CARD, ETC.).

IV THE LAST PART OF THE COURSE IS DEDICATED TO THE ANALYSIS OF THE EUROPEAN POLICY ON ANIMAL WELFARE HAVING PARTICULAR REGUARD TO THE INTERPRETATION AND APPLICATION OF ART. 13 TFEU.


Core Documentation

A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING SEVERAL DECISIONS OF THE EUROPEAN COURT AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS THAT WILL BE MADE AVAILABLE ALONG WITH A SET OF SLIDES.
NO TEXT BOOK WILL USED.
SOME MATERIALS ARE OPTIONAL AND STUDENTS CAN USE THEM TO DEEPEN THEIR KNOWLEDGE OF SPECIFIC TOPICS.
SLIDES, ACADEMIC PAPERS, CASES AND OTHER MATERIALS WILL BE MADE AVAILABLE THROUGH THE E-LEARNING PLATFORM AT THE BEGINNING OF THE COURSE, HOWEVER STUDENTS WILL BE ENCOURAGED TO MAKE THEIR OWN RESEARCH.




Type of delivery of the course

LECTURES WILL BE HELD IN ENGLISH AND STRUCTURED TO OPTIMISE ACTIVE PARTICIPATION THROUGH PUBLIC DISCUSSIONS MAINLY FOCUSED ON THE CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION. ALL STUDENTS WILL HAVE TO GIVE THEIR CONTRIBUTION TO THE DEBATES BASED ON THE TOPICS DEALT WITH IN CLASS AND COULD BE ASKED TO COMMENT IN WRITING DECISIONS OF THE CJEU. SLIDES WILL BE MADE AVAILABLE THROUGH THE E-LEARNING PLATFORM. DUE TO THE COVID-19 EMERGENCY THE LECTURES WILL BE HELD ON-LINE AND THE WAYS OF PARTICIPATION IN CLASS WILL BE DECIDED DURING THE COURSE.

Attendance

IN ORDER TO OBTAIN THE CFUS, ATTENDANCE IS COMPULSORY.

Type of evaluation

STUDENTS’ EVALUATION WILL BE BASED ON TWO FINAL EXAMS: WRITTEN AND ORAL. FOR THE WRITTEN EXAM STUDENTS WILL BE ASKED TO WRITE A PAPER TO COMMENT A DECISION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION. THE GRADES WILL BE BASED ON THE LEVEL OF KNOWLEDGE OF THE TOPICS DEALT WITH IN CLASS, CRITICAL REASONING AND THE CAPACITY TO WRITE A TEXT IN ENGLISH. THE ORAL EXAM IF, DUE TO THE COVID-19 EMERGENCY, COULD NOT BE HELD AT THE UNIVERSITY, WILL BE HELD ON-LINE. THE VOTES RANGE FROM A MINIMUM OF 18/30 AND A MAXIMUM OF 30/30 CUM LAUDE DEPENDING ON THE LEVEL OF KNOWLEDGE OF THE TOPICS DEALT WITH, REASONING SKILLS AND THE CAPACITY TO USE THE ENGLISH LANGUAGE. THE FINAL GRADE IS THE RESULT OF THE PREVIOUS TWO GRADES. CHANGES TO THIS CHEME COULD BE DECIDED IN RELATION TO THE COMPOSITION OF THE CLASS OR OTHER OVERRIDING REASONS