Course Type of course Degree Program Year Semester Credits Pre-requisites Lecturer Department Room Phone Email Office Hours Link to curriculum Subject objectives: learning European Administrative and Commercial Law Core Course Master of Science in European Economy and Business Law-LM90 First Second semester-first and second module 6 + 6 ECTS none della Cananea Giacinto Dipartimento di Economia, Diritto e Istituzioni P3 SB9 0672595745 della.cananea@economia.uniroma2.it during the term, on Thursday, from 8,45 to 10,15 http://www.economia.uniroma2.it/nuovo/facolta/docenti/curriculu m.asp?idprofessore=595 Objectives of the course This is an advanced course on the administrative and commercial law of the European Union (EU), which presupposes at least a prior course of EU institutions and policies. Its first objective is to show the specific features of EU law. Another objective is to highlight the growing interaction of markets and public policies within the European legal space. Structure of the course The course has three parts, although there is not a clear-cut separation between them. In the first part of the class, we will consider the main features of the political project that inspired the first steps of European integration (the Schumann plan, the treaties of Paris and Rome), as well as some fundamental legal concepts, such as the single market and the European legal space. The second part of the course regards the economic constitution of the EU. In this context, the fundamental freedoms, competition, and the Economic and Monetary Union will be considered. The third part of the course regards the administrative law of the EU. In this context, we will not focus only on the rules governing the conduct of EU authorities. There will be a focus also on the general principles of law common to the legal orders of the Member States, which are included within the general principles of EC law, such as proportionality and due process of law. Course requirements As noted earlier, this is an advanced course, which presupposes at least some basic notions about EU law and policies. For every section of the course, some legal and political documents will be analysed and discussed. Participants are expected to read the materials before each class and to take part actively in the discussion. Some indications for further reading are given for those who wish to know more. As far as students assessment is concerned, one third will regard participation in class, another the short paper that students will be required to write during the course, and still another one the final exam.
Knowledge and Understanding The Course intends to provide students not only with a theoretical but also an analytical and practical knowledge on the European framework in the administrative and the commercial law field. Special emphasis is given to the relationship between European Institutions on one side, and private entities, both citizens and undertakings, on the other side. In the long run, the aim of the course is to give to students the most mature insight with regard to the relationships between undertakings and institutional players in the European Union in the framework of the European social market economy, followed by the most recent institutional and jurisprudential developments, so to strengthen what already learned during the first cycle and be able to apply these tools in an innovative way, also in research contexts. Syllabus includes a great variety of documents from diverse sources (treaty provisions, excerpts from secondary EU law, ECJ judgments, policy papers, Commission Communications, Statistics, working papers, selected articles from scientific EU-related journals and reviews). For each session students will have to read in advance the specific assignments for the relevant topic, in order to follow proactively classes. Applying Knowledge and Understanding The module adopts an innovative method, which will help students in understanding the relevant aspects of European integration and policies and to will give them the ability to apply their knowledge, in other situations and to actual work in the context of European Institutions and/or National and local public administrations subject to European directives and regulations. To ensure this, teaching activities will be carried on by the professor by assuring a strong role of students, which will be given in advance materials and readings (judgements, legislation as well as doctrine on the most debated issues). Students will be required to take active part to the discussion in class, by analysing cases and materials selected in advance and collected in the syllabus. Making Judgements The aim of the course is to provide students not only an understanding of this area of law, but also to raise their ability to subject it to critical legal and economic analysis. Lectures will be carried out with the active participation of students, which will be required to prepare each class in advance: documents (legislation, judgements, doctrine etc.) will be made available through the University website. Students will be required to prepare each class in advance using the materials included in the Reader and they will be encouraged to take active part to the discussions, which are the core of the lectures. Students will have the possibility to have an open and interactive discussion, improving their debating capacity and stimulating their critical vision on European issues. Debates in classes will be highly promoted and also simulation of
legal procedures with Administration as well as of judgments will be organised. The debating activities will also stimulate students critical thinking. The objective of the course is also to stimulate their independent judgment and capacity in problem solving and capacity to play an active role in the economy and in the society through a deep understanding of the decision making process as well as of the administrative activity. Communications Skills Lectures will be kept to the minimum and students will be encouraged to engage in discussion. They will be required to prepare each class in advance. Thanks to the innovative teaching method, students will enhance their communication and exhibition skills in English. Programme Learning Skills The course will give students competitive skills in the field of European law and policy, by providing the instruments and the fundamental models for the understanding of the European institutional system and the evaluation of the role played by undertakings. They will be provided with a dynamic knowledge of EU policies, thanks to a method which encourages the development of autonomous learning skills and research activities. The materials included in the Syllabus will make students familiar with EU-related documents and resources. Part I A new polity and its values 1. The birth of a new polity The Schuman Plan (May 9, 1950) The Treaty of Paris (excerpt) Background reading: A. von Bogdandy, The European Union and European Identity (2005) 2. A legal order of a new kind and its constitutional principles ECJ, Case 26/62, Van Gend en Loos A Community of States and citizens: Article 6 TEU A Community of values: Articles 2-3 TEU Background reading: A. Stone Sweet & T. Brunell, Constructing a Supranational Constitution (1999) 3. The European Legal Space and the global reach of Union s law The concept of single market: ECJ, Case C-378/97, Wijsenbeck The choice of law: ECJ, Case C-212/97, Centros Agreement establishing the European Economic Area (1992) (excerpt)
CFI, Case T-209/01, Honeywell International v. Commission Part II The economic constitution of the EU 4. The free movement of goods Quantitative restrictions and measures of equivalent effect: ECJ, Case 8/74, Dassonville Other measures of equivalent effect: ECJ, C-265/95 Commission v France Angry Farmers Background reading: J.H.H. Weiler, The Constitution of the Single Market (2000) 5. A common market for all Definition of subordinated work: ECJ, Case 66/85 Lawrie Blum Free movement of workers and public administrations: ECJ, Case C-173/94 An equal pay for men and women: ECJ, Case 149/77, Defrenne The rights of family members: Directive 2004/38 6. From harmonization to mutual recognition Harmonization of national rules: articles 113-114 TFEU Mutual recognition: ECJ, Case 120/78, Cassis de Dijon The recognition of diplomas: ECJ, Case C-311/06, Consiglio nazionale degli ingegneri c. Ministero della giustizia e Cavallera, 7. Market economy and free competition: the antitrust policy Regulation n. 1/2003 Contrasting anti-competitive practices: GC, Case T-167/08, Commission v Microsoft 8. From negative to positive integration A positive harmonization: ECJ, Case C- 376/98, Germany v. European Parliament and Council (tobacco advertising I) Positive integration and conflicting interests: ECJ, Cases C-14/00, Commission v Italy and C-47/09, Commission v Italy OGM and public health: ECJ, Case C- 236/01, Monsanto v. Italy 9. The economic and fiscal crisis and the reaction of the EU
President of the ECB, letter to the Italian Prime Minister, August 2011 The new financial mechanisms: ECJ, Case C-370/12, Pringle The Treaty on Stability, Coordination, and Governance [Fiscal Compact] (2012) Part 3 - The European administration and European law 10. The European administration and the use of force ECJ, Joined cases 46/87 and 227/88, Hoechst v. Commission CFI, Case T-66/99, Minoan v. Commission EC Regulation n. 1/2003 11. From the European administration to administrative law: common principles of administrative law the Algera Case before the ECJ (joined cases 7/56, 3/57, 7/57) background reading: T. Koopmans, The Birth of European Law at the Cross-roads of Legal Traditions, 39 Am. J. Comp. L., 493 (1991) 12. A Community based on the rule of law ECJ, Case 294/83, Parti écologiste "Les Verts" v European Parliament background reading: P. Craig, EU Administrative Law, pp. 270-78; 284 13. The European Union and due process of law ECJ, Case 17/74, Transocean Marine Paint Association v Commission procedural safeguards against government in anti-terrorism disputes: the opinion of AG Maduro in the Kadi Case (C-402/05) and the ruling of the Court of Justice Background reading: G. della Cananea, Global Security and Procedural Due Process of Law between the United Nations and the European Union, in Columbia Journal of European Law (15), 2009, n. 3, 511 14. Fundamental rights in the legal order of the EU Charter of Fundamental rights Fundamental rights as limits to market freedoms: ECJ, Case C-36/02, Omega Spielhallen und Automatenaufstellung- Gmbh v. Oberburgermeisterin der Bundesstaat Bonn Pluralism and the powers and duties
of national regulators: ECJ, Case C-380/05, Centro Europa 7 Srl 15. Environmental protection and openness of the EU ECJ, Case C-435/97, WWF ECJ, Case C-182/2010, Solway Course Materials Course materials a) C. Barnard, The Substantive Law of the EU. The Four Freedoms (Oxford University Press, 2013, 4th) b) P. Craig, EU Administrative Law (Oxford University Press, 2012 2nd.) or H. Hoffman et al., Administrative Law and Policy of the European Union (Oxford University Press, 2011) c) Introductory and background reading provided d) A selection of documents (including political documents, acts containing rules, judgments and academic studies), which are useful to understand the dynamics and the effects of European integration in the administrative sphere (see infra 5); e) The Consolidated Version of the Treaty on European ( TEU ), of the Treaty on the Functioning of the European Union ( TFEU ), and the Charter of Fundamental Rights of the European Union ( CFR ), available at the website http://eurlex.europa.eu/it/treaties/index.htm. Further reading The following books can be particularly useful to the course: P.Craig & G. de Burça, EU Law. Text, Cases and Materials, Clarendon, 2011, 5th ed; C. Harlow, Accountability in the European Union (Oxford University Press, 2003); H. Hofman and A. Turk (eds.), EU Administrative Governance (Edward Elgar, 2006); G Majone Dilemmas of European Integration: The Ambiguities and Pitfalls of by Stealth (Oxford University Press, 2008); A. Stone Sweet, The Judicial Construction of Europe (Oxford University Press, 2004); J.H.H. Weiler, The Constitution of Europe (Cambridge University Press, 1999). Reading these books is particularly important for all the students who wish to write their thesis in this field. The most important periodicals in English language, are: Columbia Journal of European Law Common Market Law Review European Law Review European Law Journal European Public Law N.B. All these sources are in English. However, there are many sources in other main European languages: French, German, Italian and Spanish. Teaching Methods Lectures, Seminars, Students discussions and presentations, Workshops Assessment objectives and subject learning outcomes Written and oral examination