Study-Unit Description

Study-Unit Description


CODE ECL5036

 
TITLE The Law of Fundamental Freedoms of the European Union (Internal Market)

 
LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
ECTS CREDITS 12

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION The aims and objectives of the study-unit are to impart to students an understanding of the rationale behind the economic integration of the EUand the course it has taken in the last 60 years. This is essentially the ‘public law’ of market integration, that is, the suppression and regulation of state measures necessary for integration. The study-unit will therefore consider substantially the four freedoms that comprise the common/internal market (and on the way, touching upon some ancillary policies) and address critically whether the edifice is being built wisely or otherwise – whether we are constructing a genuine and beneficial area of freedom, security and justice, or an unaccountable Fortress Europe. The role of the internal market in the wider and continuing European integration project will be critically assessed throughout.

This study-unit examines the norms that govern the establishment and maintenance of the internal market (free movement of goods, persons, capital and the freedom of establishment and provision of services). To cover the whole gamut of norms that form the substantive European economic law in one study-unit is an inconceivable aim, one that would limit the student to the descriptive and the superficial. Rather, the study-unit aims at examining the substantive law from two perspectives: on the one hand, we focus on the major role that the “four freedom” rules have had in the economic construction of the EC (integrative role) and on the other we will examine the abundant developments that these substantive rules have given rise to in the jurisprudential field (ECJ judgments and Commission decisions) and in the legislative field (regulations and directives).

Learning Outcomes:

The study-unit is intended to enable students to familiarize themselves with the economic principles and theories underpinning the trade law of the European Union and with the positive law relating to the internal market of the European Union and the regulatory techniques adopted to achieve the internal market. It also helps students to develop their analytical faculties through evaluating the interaction between legal rules and the economic, social and political context in which they emerge and operate. By the end of the study-unit, students should be able to identify and understand legal issues arising from the development of the internal market of the European Union and exhibit a critical appreciation of the different regulatory instruments aimed at the completion of the internal market, and of the advantages and disadvantages of each instrument. Students should be able to comment and substantiate their views on the regulation of European economic integration and the completion of the internal market and assess the future directions of EU law.

Reading Material:

Casebooks

Andenas M. et al ‘Services and Free Movement in EU Law’ Oxford, 2001;
Craig & De Burca “EU Law, Text, Cases & Materials” 4th Ed, OUP, 2008.
Green N. et al, “The Foundations of the Single Market” – Chapter 4 “Internal Taxation”, OUP, 1991;
Oliver P. “Free Movement of Goods in the European Community", London, Sweet & Maxwell, 2003
Steiner J. & Woods L. "Textbook on EC Law",
Van der mei Pieter “Free Movement of Persons within the EC”, Hart Publishing, 2003.
Woods L. “Free Movement of Goods and Services within the European Community”, Ashgate, 2004
Usher J. ‘The Law of Money and Financial Services in the EC’ OUP, 2000;

Collections of treaties and legislation:

Foster, N., Blackstone's EC Leqislation
Rudden, B., and Wyatt, D., Basic Community Laws (7th ed. 1999)

Periodicals:

Columbia Journal of European Law
Common Market Law Review (CMLRev)
European Law Journal (ELJ)
European Law Review (ELRev)
International and Comparative Law Quarterly (ICLQ)
Journal of Common Market Studies (JCMS)
Journal of European Integration/Revue d'integration europeenne (JEI/RIE)
Maastricht Journal of European Comparative Law
Modern Law Review (MLR)
Rivista di Diritto Europeo (RDE)
Revue du Marche Commun (RMC)
Revue trimestrielle de Droit europeen (RTDE)

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Resit Availability Weighting
Assignment SEM2 Yes 20%
Examination (3 Hours) SEM2 Yes 80%

 
LECTURER/S Jelena Agranovska
Simon Busuttil
Justine Calleja
Ivan Sammut (Co-ord.)

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the study-unit description above applies to the academic year 2019/0, if study-unit is available during this academic year, and may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit