| CODE | ECL5118 | ||||||||
| TITLE | The Law of Fundamental Freedom of the European Union (Internal Market) | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 10 | ||||||||
| DEPARTMENT | European and Comparative Law | ||||||||
| DESCRIPTION | This study-unit develops an understanding of the rationale behind the economic integration of the EU and 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 assess 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 analysed throughout. Study-Unit Aims: 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. Instead, the study-unit aims at examining the substantive law from two perspectives: on the one hand, we focus on the significant role that the "four freedoms" rules have had in the economic construction of the EU (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: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - identify 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; - identify legal issues arising from the development of the internal market of the European Union; - describe the interaction between legal rules and the economic, social and political context in which they emerge and operate. 2. Skills: By the end of the study-unit the student will be able to: - 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; - substantiate their views on the regulation of European economic integration and the completion of the internal market; - assess the future directions of EU law. Main Text/s and any supplementary readings: Casebooks - J. Steiner & L. Woods, 'EU Law', 14th Edition, OUP (2020). - P. Craig & G. de Búrca, 'EU Law: Text, Cases, and Materials', OUP (2020). - C. Barnard, The Substantive Law of the EU: The Four Freedoms', Sixth Edition, OUP (2019). - M. Andenas et al 'Services and Free Movement in EU Law' Oxford, 2003. - N. Green et al, "The Foundations of the Single Market" – Chapter 4 "Internal Taxation", OUP, 1991. - C. Barnard, O. Odudu (eds.) et al, 'The Outer Limits of European Union Law, Bloomsbury (2009). - V. Hatzopoulos, 'Regulating Services in the European Union', Oxford (2012). - M. Dougan, N. Nic Shuibhne, E. Spaventa, 'Empowerment and Disempowerment of the European Citizen'. - Bloomsbury (2012)C. Barnard and J. Scott (eds), The Law of the Single European Market: 'Unpacking the Premises', Hart Publishing (2002). - P. Oliver, "Oliver on Free Movement of Goods in the European Union", London, Bloomsbury Publishing, 2010. - J. Usher, 'The Law of Money and Financial Services in the EU', 3rd Edition, OUP, 2008. 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). |
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| STUDY-UNIT TYPE | Lecture | ||||||||
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| LECTURER/S | Jelena Agranovska Joseph Bugeja Ivan Sammut |
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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 description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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