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Lecturer(s)
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Zorková Eva, Mgr. Ph.D.
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Stehlík Václav, doc. JUDr. LL.M., Ph.D.
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Petr Michal, doc. JUDr. Ph.D.
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Vikarská Zuzana, JUDr. Ph.D.
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Course content
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Lectures: 1. Introduction to the substantive law of the EU and forms of economic integration (System of trade preferences, Free Trade Area, Customs Union, Common Market, Internal/Single market) 2. Free movement of goods: EU as a Customs Union, prohibition of duties and charges having an equivalent effect. 3. Free movement of goods: articles 90-93 TFEU: Discriminatory Tax Provisions, the boundary between art. 23-25 and 90-93. 4. Free movement of goods: quantitative restrictions and exceptions under art 30 TEC. 5. Free movement of goods: indistinctly applicable rules, Dassonville and Cassis de Dijon case-law, the mandatory requirements as exceptions from the prohibition of indistinctly applicable rules. 6. EU Citizenship and free movement of workers, students, job-seekers, Dir. 2004/38 and EU citizens. Rights of third country nationals in the European Union and their participation in the internal market. 7. Free movement of workers: definition of "worker", direct and indirect discrimination, access to the employment market, secondary Community law: Directive 2004/38, Regulation 492/20118, rights and obligation of workers. Exceptions from the free movement of workers. 8. Freedom of establishment and to provide services. 9. Free movement of capital and economic and monetary union. 10. Fiscal Union and EU regulation of banking sector. 11. External economic dimension of EU integration: European Economic Area and European Free Trade Area. 12. External economic dimension of EU integration: Common Commercial Policy. Seminars: 13. Free trade area in the case law of EFTA Court 14. Trade preferences - on example of ACP countries (Lomé, Cotonou agreements) 15. Case-law of the EU Court of Justice on customs union - especially 7/68 Commission v. Italy, 18/87 Commission v. Germany, 158/82 Commission v. Denmark 16. Case-law of the EU Court of Justice on Discriminatory Tax Provisions - especially 132/88 Commission v Greece, 170/78 Commission v. Great Britain, 184/85 Commission v. Italy 17. Case-law of the EU Court of Justice on indistinctly applicable rules, 4/74 Dassonville and 120/78 Cassis de Dijon, 15/79 Groenveld, 267-268/91 Keck and Mithouard, C- 161/09 Fragopoulos, C- 108/94 Ker-Optika 18. Case-law of the EU Court of Justice on quantitative restrictions and exceptions - especially C- 107/07 Commission v Germany, C-112/00 Schmidberger, C-5/94 Hedley Lomas, 34/79 Henn and Darby 19. Directives and case-law of the EU Court of Justice on EU citizenship - especially Directive 2004/38, C-184/99 Grzelczyk, C-413/99 Baumbast, C- 200/02 Zhu and Chen, C-135/08 Rotmann 20. Case-law of the EU Court of Justice on EU free movement of workers - especially C- 15/93 Bosman, C-94/07 Raccanelli, 139/85 Kempf, C-358/89 Raulin, C-292/86 Antonissen 21. Directives and case-law of the EU Court of Justice on establishment and services I - especially Directive 2006/123, 340/89 Vlassopoulou, 2/74 Reyners, 36/74 Walrave, C-456/04 Commission v. Germany, C- 570 and 571/07 Peréz, C-5/94 Gebhard, C-442/02 CaixaBank 22. Directives and case-law of the EU Court of Justice on establishment and services II - especially 81/87 Daily Mail, C-210/06 Cartesio, C-212/97 Centros, C-208/00 Überseering, C-113/89 Rush Portuguesa 23. Case-law of the EU Court of Justice on the free movement of capital: analysis of the golden share cases: esp. C- 171/08 Commission v. Portugal, taxation - 315/02 Lenz, state control of capital movement: C- 163/94 Sanz de Leira, C-302/97 Klaus Konle 24. Common Commercial policy - analysis of the case-law on the extent of CCP; analysis of a selected external treaty.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The course focuses on internal and external dimension of European integration. It will focus on the EU internal market, especially four freedoms (free movement of goods, persons, services and capital) and in competition law and their interaction with national law. The course will cover the latest developments including the monetary and bank union and their effects in national economic policies. Furthermore the course will cover external economic dimension, especially common commercial policy and fundaments of the European Economic Area Agreement.
Good knowledge of the economic and legal factors connected with the realization of the four freedoms, orientation in the rules of the EU competition law and other skills shall be useful for the successful start of students on the labour market. An additional value of the course lays in the fact, that attendants of the course will gain language skills and orientation in the special English legal terminology. Students gain the overview of substantive law of the EU, forms of economic integration, free movement of goods, workers and capital, EU citizenship.
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Prerequisites
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Completion of this course is not conditional upon completion of some other courses.
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Assessment methods and criteria
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Mark
Continuous control of knowledge in seminar lessons (reading, tests), seminar paper, oral / written exam
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Recommended literature
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CRAIG,P, BŮRCA DE, G. (2011). EU Law: Text, Cases and Materials. 5th edition. Oxford University Press.
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JANSSENS, Ch. (2013). The Principle of Mutual Recognition in EU Law. Oxford University Press.
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OLIVER, P. (2010). Oliver on Free Movement of Goods in the European Union. Hart Publishing.
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ROGERS, N, SCANELL, R, WALSH, J. (2012). Free movement of Persons in the Enlarged European Union.2nd edition. Sweet and Maxwell.
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SHUIBNE, N. (2013). The Coherence of the Free Movement Law: Constitutional Responsibility and the Court of Justice. Oxford University Press.
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SHUIBNE, N, USHER, J. (2012). From Single Market to Economic Union: Essays in Memory of John A Usher. Oxford University Press.
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STEHLÍK, V, HAMUĽÁK, O. (2013). Legal Issues of EU Internal Market: Understanding four freedoms. VUP.
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STRUMIA, F. (2013). Supranational Citizenship and the Challenge of Diversity: Immigrants, Citizens and Member States in the EU. Martinus Nijhoff Publishers.
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WISH, R, BAILEY, D. (2012). Competition Law, 7th edition. Oxford University Press.
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