37499 - European Policies and Legal Regulation

Learning outcomes

Students are given the salient points concerning the regulation of economic freedoms within the framework of community policies, with reference both to the normative acts and to the jurisprudence of the Court of Justice; the repercussions of the Community provisions in the executive phase both at EU and national level. The teaching represents a specification with respect to the teaching held in the CLAMED Course on the public law of the environment in which, the community disciplines, are the prerequisite for the application of environmental regulation at national level.

The Course is closely linked to two of the "Objectives for Sustainable Development (SDGs) of the UN" and precisely to those foreseen in the points:

9 INDUSTRY, INNOVATION AND INFRASTRUCTURE

• Innovation and industrialization

• Sustainable labor market, opportunities and investments

10 REDUCE INEQUALITIES

• Social, economic and political inclusion against inequalities at national and global levels - typical discriminatory categories

• Tax, wage and social protection policies

• Representation of different groups / nations in governments / councils of significant institutions and of power

• Migration and mobility of people

In the present course the principle of competition will be examined, as a legal-administrative framework for economic freedoms: freedom of movement of persons, services, goods and capital. The objective will be to highlight the economic and administrative aspect connected to economic freedoms. In this respect, community regulators and national regulators and their relationship between Europea institutions and member countries will be examined. 

 

 

Course contents

1.The regulation of the European market between regulatory rules and Community and national administrative provisions

- Indirect administrative regulation

- The emergence of new forms of regulation

- Execution committees

- Executive agencies

- The nets

- The joint exercise of administrative functions: parallel administrations or co-administration

2. The principle of competition as a framework of economic freedoms

- Antitrust law: parallel and / or contextual administration. The strengthening of antitrust powers according to the PNRR which enhances a balanced relationship between the European Commission and the national competition authorities.

- The case of cartel concentrations

- The regulation in favor of S.M.E

- State aid: the new application of art. 108, TFEU, in the light of recent case law of the Court of Justice

3. Free movement of people: general principles

- Free movement of persons within the framework of economic freedoms

- Public interest and derogations from the right to move

- General principles and certain specific cases on the movement of workers

4. Freedom of movement of goods and goods: general profiles

- Free movement of goods

- Customs union

5. The free movement of services

- Community policies in the field of general public services

6. The public demand

- Community policies and the dilemma of regulation in the field of public demand

7. Economic freedom in the framenwork of the regulation of electricity from renewable sources 

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

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

During the course will be distributed the most recent judgments of the Court of Justice

We also recommend reading the article by the Teacher Regulation of electricity from renewable sources, especially in agricultural land, in Rivista giuridica www.AmbienteDiritto.it [http://www.ambientediritto.it/] Anno XX –Fasc. 4/2020, pp. 1-35

 

Teaching methods

With regard to the teaching methods at the frontal hours, the presentation of papers by students on a specific theme agreed with the Professor will alternate. The Professor will try to stimulate the debate among the students on the subject dealt with; this will have the aim of making the student acquire exhibition skills in order to give rise to a debate that may involve the entire class. Another positive element will be the student's ability to be able to elaborate slides that are able to summarize the logical / legal path followed by the same on specific topics. This method is subject to the evolution of the health situation as well as to the type of course procedure.

Assessment methods

The exam will be oral and, for those attending, the paper presented by the student during the lessons will also be examined, whose impact on the final grade will be 50%. The examination methods indicated may undergo changes based on the evolution of the health situation.
In any case, the final exam of the Course will be held orally and will be aimed at ascertaining the mastery of the discipline so as to be able to verify the understanding of the authors suggested to obtain the sufficiency level (18-23).
To access the next level (24-27) sufficient it is required that the Student, albeit with some imprecision, be able to describe the constructs and have a good understanding of the authors proposed.
To access at 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 environmental matters.
The level of excellence (30 L) presupposes that the student accurately describes the contribution of the various authors and that he has assimilated their full understanding.

 

Teaching tools

In addition to the reported and mandatory Volume, it will be the responsibility of the Teacher to make available to the student in electronic format on their website, the additional material that the Course needs given the continuous evolution of the subject. The additional material may consist either of specific articles on the economic freedoms of the Union or some judgments and decisions of the High Court of Justice, which will be the subject of discussion in the classroom between the teacher and the students. The links will be gradually reported on the teacher's page.

 

Office hours

See the website of Giovanna Marchianò