37499 - European Policies and Legal Regulation

Learning outcomes

The course aims to provide the student with knowledge of Community Policies and the method of Law & Economics. At the end of the course the student is expected to be able to identify the characteristics and methods that the Union adopts in the regulation of the market both under the "regulatory profile" and under the "funding profile" and "jurisprudential". It is also intended to use the Law & Economics method for the study of Community interventions, thus proceeding to a common critical exercise based on the examination and the legislative texts and national and Community jurisprudence.

Course contents

The teaching method will use a form of "innovative teaching" in particular the hybrid one of which 35% of the course will be held in presence and the remaining 65% will be carried out online.

1. Regulation of the single European market between Community and national legislation and administrative provisions Indirect administrative regulation; the emergence of new forms of regulation; Implementing committees; Executive agencies; networks; the joint exercise of administrative functions: parallel or co-administrative administrations

2. Joint administration and separate administration Antitrust law: parallel and/or contextual administration. The strengthening of antitrust powers and the enhancement of a balanced relationship between the European Commission and National Competition Authorities; the case of cartel concentrations; the regulation in favour of P.M.I.; State aid: the new application of art. 108, TFEU, in the light of the recent case law of the Court of Justice

3. Free movement of persons. Free movement of goods: the customs union. Free movement of services: Community policies on general public services. 4. Public demand: the dilemma of procurement regulation: administrative aspects.

Readings/Bibliography

G. Marchianò, Administrative regulation of economic freedoms in the common market, Giappichelli, 2018 

Chapter I: The process of administering European law

Chapter II: Evolution of the principle of competition and effects in administrative regulation of economic freedoms

The volume indicated above must be supplemented by two papers:

1. Gli effetti del pareggio di bilancio nell’ordinamento nazionale

2. Il principio della concorrenza e la normativa italiana in materia di concessioni demaniali marittime

Alternatively:

L. De Lucia, B. Marchetti, The European administration and its rules, Il Mulino, Bologna, 2015 - ISBN 978-88-15-25473-3

Part one: CAP. I: The powers of the European administration, pp. 15-37; POSTAL CODE. II: The administrative organization of the European Union, pp. 39-59.

Part two: CAP. VI: National administrations and executions of European law, CAP. VII: Cooperation instruments for the implementation of European law

Part three: CAP. X: The role of legal science in the construction of European administrative law

 

 

Teaching methods

The subject matter of this course will be carried out, according to the hybrid method, in two parts, of which the second consequential to the first:

1. the focus of the first is the Community administration linked to economic freedoms, highlighting the issue of direct administration and indirect administration; Community regulators and national regulators and their relationship with the European institutions and the administrative apparatus of the Member States.

The Teacher, to facilitate the understanding of the topics, will present on his web page, essential schemes that can not replace the study of the text, but only help the understanding of the lessons, schematizing the most complex steps.

2. In the second part, it is noted that the Union acts on markets as if it were a State, as can be seen from the NGEU (Next Generation EU) Extraordinary Planwhere it is envisaged that the Union may centralise loans to Member States to finance the missions of its own bonds, Eu Bills. In the face of the pandemic crisis, the Commission has activated the general safeguard clause, which should expire in January 2024, to suspend the Stability Pact (c.d. general escape clause) in order to allow Member States to use the budgetary shift. However, the European Commission has put forward proposals for reforms.

On these topics, students will have to draw up papers that will be exposed in the virtual classroom on the basis of topics and titles provided by the teacher. The papers, while referring to the second part, presuppose knowledge of the general part.

 

Assessment methods

Students can present, during a lesson, a paper that will be the subject of discussion on topics agreed with the teacher, whose impact on the final vote will be 50%.

The final exam of the course will be held orally and will be aimed at ascertaining the mastery of the discipline so as to verify the understanding of the authors suggested to obtain the level of sufficiency (18-23). To access the next level (24-27) sufficient is required that the Student, albeit with some imprecision, is able to describe the constructs and have a good understanding of the proposed Authors. To access a good level (28-30) not only a good understanding of the texts is required but the Student must be able to specify the conceptual constructs in the matter, through the elaboration of papers or slides. The level of excellence (30 L) presupposes that the Student accurately describes the contribution of the different Authors and that he has assimilated their full understanding.

Teaching language: Italian

Teaching tools

In addition to the study of the text, for the slides, the Teacher will make available to the Student in electronic format on his website, the additional material that the Course needs given the continuous evolution of the subject.

 

Office hours

See the website of Giovanna Marchianò