37499 - European Policies and Legal Regulation

Learning outcomes

The course aims to provide students with the knowledge of Community policies and the method of Law & Economics. At the end of the course is expected that the student is able to identify the characteristics and methods that the EU takes in market regulation is under the "regulatory perspective" is under the "Profile of funding" and "judicial". It also intends to use the method of Law & Economics for the study of interventions, thus proceeding to a common critical exercise based on the examination of legal texts and case law and national and community.

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 or contextual administration

- 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

Readings/Bibliography

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

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

 

 

Teaching methods

 

Frontal lessons; During the lessons will be distributed some judgments of the European Court of Justice that will be exhibited in the classroom by the Students.

Assessment methods

The examination will focus on the entire program and you will be oral. Students attending can submit in accordance with the teacher, a term paper on a topic chosen from those to which the lessons.

Exam:

The final exam (oral exam) will take into account not only the level of exposure that the student will provide during the course, but also the level of learning of the core principles of single market regulation.

Teaching tools

 

To support the teaching will be used slides and some judgments of the Court of Justice on the individual topics dealt with, which will be inserted directly by the teacher on her site.

Office hours

See the website of Giovanna Marchianò