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.

 

 

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 economicfreedoms

- 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

7. Brexit

- Brief notes and the various hypotheses proposed regarding the exit of Great Britain from the European Union

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

 

In addition to the textbook, it will be the Teacher's responsibility to make the additional material the Course requires available to the student in electronic format on their website. The Teacher will provide the most important judgments of the Court of Justice on the subject, publishing them on its institutional website. The same applies to the ongoing debate on Brexit.

Assessment methods

The final exam of the course will be held orally and the paper presented by the student will also be considered.

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