The Internal Market and Regulation
This course is intended to give the students a thorough grounding in the core of the substantive economic law of the European Union as relevant for international business. The main focus is on the provisions in the Treaty on the Functioning of the European Union (TFEU) on the internal market, i.e. on the so-called ‘four freedoms’ (free movement of goods, persons, services and capital). A second part of the course deals with the integration on the EU level of national laws through secondary measures (i.e. measures adopted by the EU institutions). This part considers the theory of integration, and in this framework in particular harmonisation, as well as the relationship of EU Treaty law and harmonising secondary law of the EU in the context of a number of selected policy areas of the EU.
One of the main aims of the course is to thoroughly familiarize the students with the Treaty rules on the internal market, in order to prepare for the specialised courses of the second semester on e.g. corporate law and intellectual property law.
Integrated into the course are aspects of the European Law Moot Court (ELMC) competition in which students simulate a case before the CJEU. All students must deal with selected aspects of the ELMC case for the purposes of the Legal Foundations course. At the same time, it is open to students to opt for full participation in the international ELMC competition. With its combination of intense research, written and oral submissions, the ELMC in many ways resembles a Privatissimum, i.e. a class characterized by its particularly intensive teaching method. In past years, this very prestigious international competition has proven to be a particularly important tool for postgraduate instruction.
Co-ordinator
Europa Institute Steenschuur 25 2311 ES Leiden Phone: 071-527 7760 Website: www.europainstituut.nl Sheena Bruce, s.bruce@law.leidenuniv.nl Phone: +31 (0)71 527 7821
Lecturer(s):
Prof. Christa Tobler, Prof. Stefaan Van den Bogaert Ms. Veronika Yefremova (LL.M.) and guest lecturers
Course Objectives:
The objective of this course is to provide students with sufficient knowledge to be able to understand the EU’s core internal market rules on the Treaty level and their relationship with more specific EU measures.
Achievement levels:
The following achievement levels apply with regard to the course:
Knowledge and comprehension: At the end of this course, students will be able to distinguish between different levels economic integration such as a free trade area, a customs union and an internal market; analyse the Treaty rules on the four freedoms; discuss different integration techniques applied by the European Union.
Application: At the end of this course, students will be able to analyse practical cases involving free movement issues under EU law; present CJEU decisions on international market issues and critically discuss them.
Analysis: At the end of this course, students will be motivated to think critically about economic integration on a high level such as that of the EU; argue practical cases relating to such matters.
Presentation: At the end of this course, the students will be able to make oral presentations and write papers on the issues covered.
Mode of Instruction:
Seminars based on the Socratic method, i.e. question and answer model, with active participation of the students.
Assessment Method(s):
25 % written paper (including selected aspects of the European Law Moot Court competition) or, alternatively, full participation in the ELCM competition;
75 % written examination.
Oral participation, including the presentation of CJEU case law in class, is taken into account in order to round a grade where appropriate.
Reading List:
The EU Treaty (TEU), the Treaty on the Functioning of the European Union (TFEU) and selected secondary legislation. It is recommended that students buy the following student text, which includes the text not only of the Treaties but also of the most important secondary EU legislation, much of which we shall be considering in some detail: Nigel G. Foster (ed.), Blackstone's EU Treaties & Legislation, edition 2021- 2022.
A textbook on EU law. Students may find various textbooks in the Law School library. Nevertheless, we strongly recommend that students buy the following textbook, which is excellent: Paul Craig & Grainne De Búrca: EU Law: Text, Cases and Materials, 7th edition, Oxford: Oxford University Press 2020.
In addition, the following books will be used: Christa Tobler & Jacques Beglinger, Essential EU Law in Charts and Text (2 volumes), 5th edition, Budapest: HVG-Orac 2020.
We will actively use the Charts in the class meetings. The text companion may serve as very simple background reading, especially for students who are not yet very familiar with EU internal market law. It also contains exercises.
Additional reading (CJEU case law etc.) will be indicated in the course reader and in the Law Faculty’s electronic learning environment.
Bright Space
Additional reading (CJEU case law etc.) will be indicated in the course reader and in the electronic learning environment, Bright Space.
Course requirements
Master degree
Application
Sheena Bruce, s.bruce@law.leidenuniv.nl Phone: +31 (0)71 527 7821
**Disclaimer: This course has been updated to the best of our knowledge at the current time of publishing. Due to the Covid-19 pandemic and the fluctuating changes in lock down regulations all information contained within this course description are subject to change up to 1 September 2020.
Due to the uncertainty of the Covid-19 virus after 1 September 2020, changes to the course description can only be made in the event of strict necessity and only in the circumstances where the interests of the students are not impinged. Should there be a need for any change during the duration of the course, this will be informed to all students on a timely basis and will not be to the prejudice of students. Modifications after 1 September 2020 may only be done with the approval and consent of the Faculty Board.