Prospectus

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EU Internal Market Law

Course 2016-2017

Admission requirements

This course is a compulsory course of the International Business Law bachelor track

Description

The EU internal market is at the very heart of the European integration process. It comprises an area where the free movement of goods, persons, services and capital is ensured. This course will focus precisely on the internal market and its four fundamental freedoms. The free movement of goods, persons, services and capital will be studied through case-law of the European courts and their daily impact will be discussed: what are the consequences for natural and legal persons within the EU and how can their rights be protected? Can you establish yourself as a lawyer in other EU-Member States, can your family join, can your children get study grants? What are the rules behind French cheese, Belgian chocolate, Spanish wine and Swedish bread? These are just some of the issues which will be dealt with throughout this course.

Through exercises and class discussions, students will get a practical grasp of EU substantive law and will learn to work with the EU treaties and secondary EU legislation. Students will learn to read and analyze cases from the European Court of Justice of the European Union (CJEU) and study some of its most important judgments.

Course objectives

Objectives of the course
This course provides students with a thorough understanding of the fundamentals of EU internal market law. Students will learn to work with the European Treaties and relevant EU secondary legislation, to analyse the internal market case law of the Court of Justice of the European Union (CJEU) and to solve business oriented problem cases. Specific attention will be paid to the free movement of services.

Achievement levels
The following achievement levels apply with regard to the course:
Ability to:
1. define the content of the freedom of goods, persons, services and capital and to explain how they interrelate;
2. determine which fundamental freedom applies in a given case;
3. identify whether a national measure restricts the fundamental freedom at hand;
4. determine whether a justification for a restriction exists, either in the Treaties or in the case law of the CJEU;
5. solve practical case studies, using the relevant rules laid down in the provisions of the EU Treaties, secondary legislation and case law of the CJEU.
6. read and understand the case law of the CJEU, to identify the main legal questions and to explain the relevance of the case for freedom concerned.
7. identify the different techniques of market integration and explain how they interrelate;

Timetable

The timetable of this course can be found in uSis.

Mode of instruction

Lectures

  • Number of (2 hour) lectures: 5
  • Names of lecturers: D.W. Carter
  • Required preparation by students: Reading of materials prescribed on blackboard

Seminars

  • Number of (2 hour) seminars: 5
  • Names of instructors: t.b.a.
  • Required preparation by students: Reading of materials prescribed on blackboard and preparation of the case studies provided for on blackboard.
  • Seminar attendance is compulsory, students may miss up to one class. Students can only attend the seminar if they submit in advance their written answers to the exercises through blackboard.

Assessment method

Examination form(s)

  • 3 hour written exam (80%)
  • case note (max. 2500 words, including footnotes) (20%)

Students who fail the exam are entitled to sit a re-examination. Depending on the number of students failing the exam, the re-sit may take the form of an oral exam.

As part of the final examination students are required to submit a case note. The grade for this case note will count for 20% towards the final grade. The 20% case note grade will remain valid for the re-sit.

The written assignment(case note) cannot be retaken.

If a student has not passed the course by the end of the academic year, partial grades for the written exam or paper are no longer valid.

Submission procedures
A hard copy of the paper will need to be handed in during the last class and an electronic version will have to be uploaded on blackboard using safe assign.

Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.

Blackboard

More information on this course is offered in Blackboard.

Reading list

Literature:

  • C. Barnard and S. Peers (eds), European Union Law, Oxford University Press, 2014

Course information guide:
Will be made available on blackboard

Reader:
Will be made available on blackboard

Recommended course materials

  • Blackstone’s EU Treaties and Legislation 2013-2014 (Oxford University Press)
  • Other recommended reading will be made available on blackboard

Registration

Students have to register for courses and exams through uSis.
Exchange students have priority and will be registered for the course first. Any remaining seats will be available for students from Leiden University and other Dutch Universities.

Contact information

Institution/division

  • Institute: Public Law
  • Department: European Law
  • Room number secretary: B. 121
  • Opening hours: Mon-Fri 9.00 -17.00
  • Telephone number secretary: 071 – 527 3596
  • Email: europeesrecht@law.leidenuniv.nl

Remarks

Contractonderwijs

Belangstellenden die deze cursus in het kader van contractonderwijs willen volgen (met tentamen), kunnen meer informatie vinden over kosten, inschrijving, voorwaarden, etc. op de website van Juridisch PAO. Let op dat er wel voldaan moet worden aan de toegangseisen.