European Substantive Law

optional courses

Classroom

The subject of the course is the substantive law of the European Union; and in particular the fundamental freedoms of the internal market as well as selected issues of the competition law.

The course is based on analysis of the Treaty provisions and other legal instruments, the relevant case-law of the Court of Justice of the European Union and selected recent literature

The substantial scope of the course includes structure and mechanisms of functioning of European Union legal system, within its substantive content. of the internal market.

1. Freedom of movement based on the EU citizenship.

2. Entitlements connected to the free movement of workers.

3. Limitations to the free movement of workers.

4. Recognition of professional qualifications.

5. Free movement of goods: duties, charges and taxes.

6. Free movement of goods: quantitative restrictions.

7. Limitations to the prohibition of quantitative restrictions between member states.

8. Entitlements stemming from the right of establishment.

9. Controversies connected to the free movement of services.

10. Posted workers in EU law.

11. The evolutionary character of the free movement of capital.

12. Limitations to the free movement of capital.

13. The specific character of the EU competition law.

14. Prohibition of cartels in EU law.

15. Prohibition of abuse of a dominant market position.

Literature:

1. Alina Kaczorowska, "European Union Law", London 2013.

2. August Reinisch, "Essentials of EU Law", Cambridge 2012.

3. Damian Chalmers, Gareth Davies, Giorgio Monti, "European Union law: cases and materials", New York 2010.

Sources of law:

Treaties founding European Union (Treaty on the European Union; Treaty on the Functioning of the European Union; Charter of Fundamental Rights of the European Union).

Selected cases of the Court of Justice of the EU.

After completion of the course a student shall:

– know the system of the European Union law,

– be able to analyse legal instruments of the European Union and case-law of the Court of Justice of the European Union,

– recognize decision-making procedures of the primary and secondary European Union law,

– be able to explain mechanisms of functioning of the European Union internal market and its competition rules.

Attendance list and preparation for the classes, active participation during the classes, final essay or test