THE COURSE IS PART OF THE PROGRAM "STUDYING LAW AT ROMA TRE”. THE COURSE FOCUSES ON THE WAYS IN WHICH THE EUROPEAN COURTS DEFINE AND DELIMITATE THE SPHERES OF THE MARKET AND STATE AND HOW THEY INTERPRET THE RELATIONSHIP BETWEEN THESE TWO CATEGORIES. IN PARTICULAR, THE COURSE DEALS WITH THE RULES WHICH CONSTITUTE THE EUROPEAN ECONOMIC ‘CONSTITUTION’ AND THE DEROGATIONS TO THEIR APPLICATION (SERVICES OF GENERAL ECONOMIC INTEREST, PUBLIC INTEREST JUSTIFICATIONS, ETC.). SPECIFIC INTEREST IS THEN PAID ON HOW THE INTERPRETATION AND THE APPLICATION OF THE EUROPEAN ECONOMIC ‘CONSTITUTION’ HAVE AFFECTED THE INTERNAL ADMINISTRATIVE LAW OF THE MEMBER STATES, IN REGARD TO THE CONCEPT OF PUBLIC SERVICE OR PUBLIC UNDERTAKING AND, MORE IN GENERAL, TO THE ACTIVITY OF THE NATIONAL ADMINISTRATIONS. THE COURSE ALSO FOCUSES ON 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.). THE LAST PART OF THE COURSE IS DEDICATED TO THE ANALYSIS OF THE EUROPEAN POLICY ON ANIMAL WELFARE.
AT THE END OF THIS COURSE, SUCCESSFUL STUDENTS WILL: A) BE FAMILIAR WITH THE MORE GENERAL ISSUES INVOLVING EU ADMINISTRATIVE LAW, WITH THE RELEVANT INTERNAL MARKET REGULATIONS AND THEIR APPLICATION AND INTERPRETATION BY THE COURT OF JUSTICE OF THE EUROPEAN UNION; B) HAVE UNDERSTOOD THE EFFECTS THAT THE APPLICATION OF THE EUROPEAN RULES AND PRINCIPLES HAVE ON MEMBER STATES’ ADMINISTRATIVE LAW; C) HAVE DEVELOPED CRITICAL SKILLS OF ANALYSIS AND INTERPRETATION OF THE EU ECONOMIC ‘CONSTITUTION’; D) HAVE UNDERSTOOD THE NEW FORMS OF EUROPEAN GOVERNANCE AND THE NEW STRATEGIES OF INTEGRATION OF THE EUROPEAN COMMISSION BASED IN PARTICULAR ON THE PRINCIPLE OF ADMINISTRATIVE COOPERATION; D) HAVE IMPROVED VERBAL AND WRITTEN COMMUNICATION SKILLS WITH SPECIFIC REGARD TO EUROPEAN LAW AND ADMINISTRATIVE LAW.
AT THE END OF THIS COURSE, SUCCESSFUL STUDENTS WILL: A) BE FAMILIAR WITH THE MORE GENERAL ISSUES INVOLVING EU ADMINISTRATIVE LAW, WITH THE RELEVANT INTERNAL MARKET REGULATIONS AND THEIR APPLICATION AND INTERPRETATION BY THE COURT OF JUSTICE OF THE EUROPEAN UNION; B) HAVE UNDERSTOOD THE EFFECTS THAT THE APPLICATION OF THE EUROPEAN RULES AND PRINCIPLES HAVE ON MEMBER STATES’ ADMINISTRATIVE LAW; C) HAVE DEVELOPED CRITICAL SKILLS OF ANALYSIS AND INTERPRETATION OF THE EU ECONOMIC ‘CONSTITUTION’; D) HAVE UNDERSTOOD THE NEW FORMS OF EUROPEAN GOVERNANCE AND THE NEW STRATEGIES OF INTEGRATION OF THE EUROPEAN COMMISSION BASED IN PARTICULAR ON THE PRINCIPLE OF ADMINISTRATIVE COOPERATION; D) HAVE IMPROVED VERBAL AND WRITTEN COMMUNICATION SKILLS WITH SPECIFIC REGARD TO EUROPEAN LAW AND ADMINISTRATIVE LAW.
teacher profile teaching materials
THE SEMINAR 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 SEMINAR IS DEDICATED TO THE ANALYSIS OF THE EUROPEAN POLICY ON ANIMAL WELFARE HAVING PARTICULAR REGUARD TO THE INTERPRETATION AND APPLICATION OF ART. 13 TFEU.
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.
Programme
THE SEMINAR 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 SEMINAR 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.
Reference Bibliography
A SELECTION OF READINGS FROM VARIOUS SOURCES WILL BE USED, INCLUDING SEVERAL DECISIONS OF THE EUROPEAN COURTS AND DOCUMENTS OF THE EUROPEAN INSTITUTIONS THAT WILL BE MADE AVAILABLE ALONG WITH A SET OF SLIDES. NO TEXT BOOK IS USED. SOME MATERIALS ARE PURELY OPTIONAL AND STUDENTS CAN AVAIL THEM SELF OF THEM IS THEY WANT TO DEEPEN THEIR KNOWLEDGE OF THE SPECIFIC TOPIC. ACADEMIC PAPERS, CASES AND MATERIALS WILL BE DOWNLOADED THROUGH THE E-LEARNING PLATFORM BEFORE THE BEGINNING OF THE COURSE AT TIMES HOWEVER STUDENTS WILL BE ENCOURAGED TO MAKE THEIR OWN RESEARCH. READINGS: M. Lottini, Correct application of EU law by national public administrations and effective individual protection: the SOLVIT network, in “Review of European Administrative Law”, 3, 2, 2010, pp. 5-26; M. Lottini, An instrument of intensified informal mutual assistance: the internal market information system (IMI) and the protection of personal data, in “European Public Law”, 1, 2014, pp. 104-125; M. Lottini, The SOLVIT network and the effective enforcement of EU law: what is new?, in S. Drake and M. Smith (edited by), “New Directions in the Effective Enforcement of EU Law and Policy”, Edward Elgar Publishing, Cheltenham, 2016, pp. 130-151; M. Lottini, The European Professional Card a new single market governance tool, in “Rivista Italiana di Diritto Pubblico Comunitario”, 5, 2017, pp. 1254-1268. OPTIONAL READINGS: M. Lottini, The SOLVIT network and unlawful decisions of national administrations: ‘governing’ the new challenges and problems of the internal market integration, in J.M. BENEITO - J. MAILLO (Directors) and J. CORTI e P. MILLA (Coordinators) “Fostering growth in Europe: Reinforcing the internal market”, University CEU San Pablo Ediciones, Madrid 2014, pp. 463-482; M. Lottini, Informal networks of administrative cooperation and the management of information, in “Rivista Italiana di Diritto Pubblico Comunitario”, 2, 2012, pp. 3012-320; M. Lottini, From ‘administrative cooperation’ in the application of European Union law to ‘administrative cooperation’ in the protection of European right and liberties, in “European Public Law”, 1, 2012, pp.127-147; M. Lottini, Mixed (semi-public) companies and the provision of “public services” : a recent Opinion of the Italian Council of State, in “European Public Private Partnership Law Review”, 3, 2007, pp.135 -140; W. Sauter and H. Schepel, State and market in European Union law, Cambridge University Press, 2009, pp. 30-74. (il libro è disponibile presso la nostra biblioteca- INT 343.2407 SAU )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 ELEARNING PLATFORM. MOREOVER, THE STUDENTS WILL BE INVITED TO PARTICIPARE IN OPTIONAL LECTURES AIMED AT AN EXTRA ANALYSIS OF THE CASE ELAW OF THE EUROPEAN COURT AND AT IMPROVING LINGUISTIC SKILLS. DUE TO THE EMERGENCY OF COVID-19 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,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