EU Internal Market Law

PROFESSORS

Prof. dr. sc. Iris Goldner Lang, LL.M. (LSE)

Doc. dr. sc. Melita Carević, LL.M. (Ann Arbor)

 

Visiting professors in 2019/2020

Francesco Maiani
University of Lausanne, Associate Professor of European Law

Ellen Vos
Maastricht University

 

COURSE DESCRIPTION

Understanding the internal market law is the key to understanding how the EU really works!

In the EU, difficulties in striking the appropriate balance between the interests of the internal market, on the one hand, and national regulatory autonomy, on the other, have been very visible in connection with all four fundamental freedoms – free movement of goods, persons, services and capital.

As far as movement of goods is concerned, the creation of an area in which manufactured goods flow freely across borders is plainly a central element in the pursuit of an internal market. Only if the free movement of goods is secured will the economic advantages of economic integration be fully realised. So the law governing the free movement of goods is designed to allow for an intensification of competition between producers that ought to generate higher quality products, lower prices and wider consumer choice. Trade should no longer be distorted by the fact of crossing a political border. Our interest lies in the scope and effect of the law of the free movement of goods – how is market integration to be achieved? In particular we will be looking at and comparing the distinct contributions made by, on the one hand, the Court and, on the other, by the EU’s political institutions.

In the field of the free movement of persons and services, the mix of advantage and disadvantage can be complex, but without doubt it is a mix rather than a straightforward plus or minus. Free movement of workers can relieve high levels of unemployment in one State as unemployed persons move to jobs in other States, but competition for skilled workers can cause shortages as workers who are in employment in one State leave for higher wages or promotion in another. The mobility of workers is increased by mutual recognition of qualifications. Self-employed persons also enjoy the freedom of movement. This covers not only individuals, who can carry on professional activities (plumbers, doctors, lawyers) on a temporary or permanent basis in other States, but also companies, who are free to set up subsidiaries and branches in other States, and free to take over companies in other States. This can be controversial, when national “champions” are taken over by foreign businesses, but EU rules guarantee a free and open market.

 

BASIC INFORMATION ABOUT THE COURSE

4 ECTS
30 hrs. of teaching
Exam: closed book essay or hypothetical case

 

TIME AND VENUE

Wednesdays at 9.30 AM, in Cirilometodska 4, lecture room 7, 2nd floor .

 

Selection of topics to be covered in class:

  • Introduction to the law, politics and economics of the internal market;
  • Free movement of goods;
  • Freedom of establishment and free movement of services;
  • Free movement of workers;
  • Recognition of diplomas and qualifications;
  • Citizenship of the EU;
  • Positive integration in the EU – attributed competences, subsidiarity and proportionality;
  • Corporate establishment; cross border investment; golden shares; company law harmonisation;
  • National tax rules and the internal market.

LINK to e-learning site Merlin

(with teaching and reading materials)

(course ID: 1920-79161-6621; login with AAI)

 

Leaflet: