Admission requirements
Admission to the Master (specialisation European law).
Description
This course focuses on the main body of rules governing the internal market, an area without internal frontiers within which the free movement of goods, persons, services and capital is ensured (the four freedoms). The internal market is the backbone of the European integration project. In the first part of the course the four fundamental freedoms will be introduced. The “fifth freedom”, EU Citizenship, will additionally be studied as an example of how EU integration has moved beyond pure cross-border movement and economic activity. In addition, this course offers a platform in which students reflect critically on the role of fundamental rights in EU internal market law as well as on the concepts of market access and discrimination.
Whilst the internal market freedoms mainly address the behaviour of Member States, a fully developed internal market cannot function in the absence of additional rules ensuring free and fair competition between private actors. The second part of the course therefore provides an overview of EU competition rules. Those rules address anti-competitive practices by private actors, such as cartel agreements or abuses of a dominant economic position, but also the rules on state intervention in the market. This course offers students a detailed overview of the role of the CJEU in each competition law branch and the roles of EU and national competition authorities; the role of economic and policy analysis in EU competition law as well as an overview of the different aims of competition policy. Students will also distinguish the particular position of Services of General Economic Interest within EU competition law.
Course objectives
The objective of this course is to introduce students to EU free movement and competition law rules. Students will learn how to identify, apply and distinguish those rules at a practical level. Students will also learn to think critically about those rules and their interpretation by the Court of Justice.
At the end of this course, students will be able to:
Describe in a comprehensive manner the content of EU internal market and competition law rules;
Identify restrictions to free movement and competition in the EU, and their possible justifications;
Identify continuity and discontinuity in the case law of the Court of Justice of the EU;
Think critically about the scope of EU internal market and competition law rules and their role in the European integration process;
Apply EU internal market and competition law rules to concrete cases;
Reflect critically, in writing, on EU internal market and competition rules.
Timetable
Check MyTimetable.
Mode of instruction
Lectures
Number of (2 hour) lectures: 10
Required preparation by students: students are required to read the compulsory literature and case law.
Seminars
Number of (2 hour) seminars: 10
Names of instructors: to be announced
Required preparation by students: students are required to read the compulsory literature and case law and prepare written answers to exercises
Assessment method
Examination form(s)
Two partial exams (each worth 50% of the final grade)
Students who fail one or both partial exams are entitled to sit a re-examination. If a student has not passed the course by the end of the academic year, partial grades are no longer valid.
Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) and case law for the course, as well as all subjects discussed during the lectures and tutorials.
Regulation retake passed exams
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8 and further of the Course and Examination Regulations). Students who have passed the exam may retake the final written assessment (test) of the course if they meet certain requirements. For more information, go to the website > ‘Law’ tab > ‘Retake a passed exam’.
Reading list
Obligatory course materials
Literature:
Students are free to use any textbook on EU internal market freedoms and EU competition law they wish.
We recommend the latest editions of the following books (one is sufficient):
P. Craig & G. De Búrca, EU Law, Text, Cases and Materials (Oxford University Press, latest edition)
D. Chalmers, G. Davies and G. Monti, European Union Law (Cambridge University Press, latest edition)
C. Barnard, The Substantive law of the EU – The Four Freedoms (Oxford, Oxford University Press, latest edition) Note: this book does not include EU competition law
R. Wish and D. Bailey, Competition Law (Oxford, Oxford University Press, latest edition) Note: this book does not include EU competition law.
A. Jones and B. Sufrin, EU Competition Law. Text, Cases and Materials (Oxford, Oxford University Press, latest edition) Note: this book does not include EU competition law
The list with mandatory and recommended reading from these textbooks, case law and other materials will be made available on Brightspace.
Recommended course materials
Will be made available on Brightspace.
Registration
Registration for courses and exams takes place via MyStudymap. If you do not have access to MyStudymap (guest students), look here (under the Law-tab) for more information on the registration procedure in your situation.
Contact
Coordinator: Dr. V. N. Delhomme
Work address: Room C1.20 KOG
Contact information: via secretariat, see below
Email: v.n.delhomme@law.leidenuniv.nl
Institution/division
Institute: Public Law
Department: European law
Room number secretary: B1.11 KOG
Opening hours: Mon-Fri 9-17h
Telephone number secretary: +31 (0)71 527 7416