EU Internal Market Law

GENERAL INFORMATION ABOUT THE COURSE
Course titleEU Internal Market Law
Chair of Constitutional and European Law
Number of ECTS credits6
Lecturerprof.dr.sc. Tunjica Petrašević
Office AddressRadićeva 13 Kabinet br. 46
Telephone+385 31 224 535
e-mailtunjica.petrasevic@pravos.hr
Lecturerizv.prof.dr.sc. Dunja Duić
Office AddressRadićeva 13 48
Telephone+385 31 224 500
e-maildunja.duic@pravos.hr
COURSE DESCRIPTION
Course content

Objectives of the course • Acquaint students with the economic and political background of the legal regulation of market freedoms • Explain to students the theories of positive and negative integration • To clarify the freedom of movement of goods in general, and in particular the possible justifications for restrictions on this freedom and the interpretation of the so-called measures with the same effect as quantitative restrictions (MIUKO) and instruct them in the practical application of the principle of proportionality • Explain the freedom of movement of capital within the EU and the establishment and functioning of the monetary union (EMU) • Explain the economic and social aspects of the freedom of movement of workers in the context of the EU internal market, and especially guide them in the interpretation of the term "worker" in law; clarify the scope of workers' freedom of movement and explain to them the position of the workers' family members • Clarify the scope of freedom to provide services and freedom of business establishment, possible restrictions, the concept of reverse discrimination and the exception of "official authorities" • Explain the relationship between fundamental market freedoms and the protection of human rights in the EU • To clarify the concept of European citizenship, first of all the concept, acquisition and termination, the rights arising from it and the conditions for expelling an EU citizen from the host country. • Clarify the position of the child as an EU citizen in statu nascendi Content 1. Political and economic foundations of the EU - the aim of this introductory part of the lecture is to explain to students the economic and political background of the legal arrangement of market freedoms in general, and in particular to explain to them the different stages of economic integration that the EU has gone through and what it is aiming for in the future. 2. Positive and negative integration in the EU - the goal is to explain to students the techniques of economic integration: the positive one, where the emphasis is on harmonization, i.e. the approximation or complete harmonization of different national regulations in certain areas by adopting a new uniform regulation at the EU level, and the negative one, which is based on the abolition existing obstacles to free movement and on the idea of ​​prohibiting discrimination based on citizenship or origin. 3. Freedom of movement of goods/goods - clarify the scope of Art. 34 TFEU (ex art. 28 UEZ) and changes in its interpretation in the practice of the European Court (Dassonvile, Keck, Casis de Dijon) as well as to clarify the system of justification of measures included in art. 34 TFEU - legitimate goals of protecting consumers, the environment, human rights, etc., and the practical application of the principle of proportionality on specific examples from the case law of the Court of the EU. 4. Freedom of movement of workers with special reference to the right to family reunification - the aim of this part is to explain to students: economic and social aspects of freedom of movement of workers in the context of the EU internal market; the concept of "worker" in the sense of Art. 45 UFEU (ex. art. 39 UEZ); what is the extent of the worker's freedom of movement, i.e. what situations does it cover; the terms "public order, public security and public health" in EU law, the reasons and situations in which these justifications are permitted; the exception of the so-called "public services" and to explain the position of family members of workers according to the practice of the European Court, UFEU and Directive 2004/38! 5. Freedom to provide services and business establishment - Freedom to provide services is regulated in two separate units: freedom of business establishment (hereinafter B.N.) and freedom to provide services in the narrower sense. The aim of this part of the lecture is to clarify the scope of these two freedoms, possible limitations, the concept of reverse discrimination and the exception of "official powers". 6. Freedom of movement of capital and the Economic and Monetary Union (EMU) - the goal is to acquaint students with the extent of this freedom and possible justifications, and to explain to them the establishment of the monetary union in general, and in particular the so-called convergence criteria that are considered authoritative for the entry of a certain member into the monetary union. 7. The relationship between fundamental market freedoms and the protection of human rights in the EU - the goal is to explain to students how the EU Court balances between fundamental market freedoms and fundamental human rights using examples from judicial practice (cases: Omega, Schmidberger and S.P.U.C. v. Grogan) 8. EU citizenship - the aim of this part is to explain to students the concept of EU citizenship (the idea, when it was introduced, how it is acquired, how it ends), what rights derive from it and to explain the importance of each of them; explain under what conditions a citizen of another member state can be expelled from the host state. 9. The child in EU law - the goal is to show students the development (evolution) of children's rights from a mere object and instrument for achieving freedom of movement, through passive subjects of protection from violence and smuggling, to independent rights

Course learning outcomes

Explain the economic and political background of the arrangement of market freedoms in the EU, enumerate and describe the different stages of economic integration and understand the techniques of economic integration, Explain individual market freedom (its scope, possible limitations and justifications and exceptions)., Correlate certain market (economic) freedoms and human rights by referring to the relevant case law of the Court., To classify individual rights arising from the concept of EU citizens., , Apply acquired knowledge to solving practical problems (hypothetical subjects),

TEACHING METHODS
☑ Lectures
☐ Seminars and workshops
☐ Exercises
☑ Independent tasks
☑ Multimedia and internet
☑ Distance education
☐ Office hours
☐ Laboratory
☐ Field work
☑ Mentoring work
☐ Knowledge test
EXAMINATION PROCEDURE
☐ Oral exam
☐ Written exam
☐ Colloquium
Other:
ADDITIONAL FACTS
Classical lectures (frontal teaching) are not held. For each lesson, there is a task (usually certain cases from the case law of the Court of the EU, selected parts of textbooks or scientific papers) that must be read and prepared in advance. Students download teaching materials via Moodle. The preparation consists of reading the given texts and thinking about the answers to the questions. Class participation is an integral part of the final grade. The class discusses the material read, and analyzes cases from court practice. Students are divided into four groups. Each group elaborates on one fundamental market freedom. Obligations of students: Lectures are interactive, which means that students must prepare for each class and actively participate in class discussions. Active participation in classes will be scored in the final course grade. The student is obliged to attend 75% of classes. The final grade is made up of the following elements: regular attendance, participation in the discussion during lectures and the final exam. The final exam is written - students solve 4 hypothetical cases from the practice of the EU Court, where each case relates to one market freedom. The student demonstrates the ability to think critically and apply the acquired knowledge to the facts of the specific subject.
LIST OF LITERATURE FOR STUDIES AND EXAMS
Required reading
Bodiroga-Vukobrat N.; Horak H., Martinović, A. (ur.). Temeljne gospodarske slobode u Europskoj uniji. 2011. Inženjerski biro, Zagreb
Bodiroga-Vukobrat, N., et.al.. Zbirka presuda Europskog suda (Izbor recentne prakse). 2011. Inženjerski biro, Zagreb
Rodin S.; Ćapeta T.; Goldner Lang I.. Izbor presuda Europskog suda – gradivo za nastavu prava EU. 2009. Novi informator, Zagreb
. Materijali s predavanja (distribuirani na web stranici). 2022.
Barnard, C.. The Substantive Law of the European Union – the Four Freedoms. 2004. Freedoms, Oxford University Press
Optional reading
Goldner Lang, I.. Sloboda kretanja ljudi u EU: Kontekst sporazuma o pridruživanju. 2007. Školska knjiga, Zagreb
Petrašević, T.. Dijete u pravu Europske Unije // Dijete i pravo / Rešetar, Branka (ur.).. 2009. Pravni fakultet Osijek, Osijek
Craig, P.; De Burca, G.. EU LAW, Text, Cases and Materials 4th ed.. 2007. Oxford UP
Weatherill, S. . Cases and Materials on EU Law, 8th ed.. 2007. Oxford UP