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Course module: 620841-M-6
620841-M-6
Free Movement Challenges
Course info
Course module620841-M-6
Credits (ECTS)6
CategoryMA (Master)
Course typeCourse
Language of instructionEnglish
Offered byTilburg University; Tilburg Law School; TLS: Department of Criminal Law; Criminal Law;
Is part of
M International and European Law
Lecturer(s)
Lecturer
prof. dr. P. Delimatsis
Other course modules lecturer
Lecturer
dr. E.D. Partiti, MA LLM
Other course modules lecturer
Lecturer
A.V. Ruiz Feases
Other course modules lecturer
Academic year2020
Starting block
SM 1
Course mode
Full-time
RemarksCaution: this information is subject to change
Registration openfrom 24/08/2020 up to and including 20/08/2021
Aims
At the end of this series of lectures, the student:
  • can discuss the history of market integration in the EU and its theoretical underpinnings
  • understands the mechanics of the fundamental freedoms (free movement of goods, services, capital, persons)
  • is able to identify the key elements for distinguishing among the fundamental freedoms
  • is able to legally classify, work with and critically analyse ficticious cases relating to EU substantive law
  • understands the properties and dynamics of harmonization within the EU and the basic secondary law
  • can identify the key elements of the landmark rulings of the Court of Justice of the European Union (CJEU) and critically discuss the evolution of the EU case-law on free movement 
  • can discuss the 'convergence of fundamental freedoms' or the scope of 'purely internal situations'
  • can work at ease with a case-based approach towards pinpointing the role of the CJEU in the completion of the EU internal market 

Specifics
Part of this course may be taught through online means.


Recommended Prerequisites
Basic knowledge of EU institutional law

Course available for exchange students

Available for all levels

Content
The internal market is one of the centerpieces of European integration, making up its core provisions and original raison d'ĂȘtre. While involving rules adopted by EU Member States, the EU internal market is a system that appeals to various EU neighbours which want to be able to participate in that market even if they are not Members of the EU (eg Norway, Switzerland, and soon the United Kingdom). The rules on internal market have spawned not only a considerable amount of EU legislation and case-law but also intense political and academic debates, more recently in the wake of Brexit.This course aims at presenting the foundations and the functioning of the EU internal market in a comprehensive manner, following a case-law-based approach. The course identifies the landmark rulings relating to EU substantive law and deciphers the dynamics of European integration through the analysis of those rulings.  At first sight, internal market law might seem like a sprawling mix of conflicting CJEU cases and perplexing secondary legislation. Through a case-based approach, this course provides the student with a solid basis to understand this area of EU law and to form a critical and well-reasoned opinion on it. It also deals with some key issues of market integration in Europe which are of both practical and political relevance. The core of the course relates to the mechanics of the four freedoms (goods, services, capital and persons) which form the cornerstone of the internal market. It analyses the way in which market integration is achieved within the EU (and the European Economic Area-EEA), discussing both negative integration - the abolition of national obstacles - and positive integration - integration through harmonization of national laws. Specific issues that are covered include: institutional aspects of harmonization (different forms, New Approach); the substantive scope of the free movement provisions and the move towards a market access, liberal approach to free movement; the interaction among the four freedoms and their linkages; the concept of public (economic) services; services liberalisation; the social aspects of the internal market regarding consumer protection, fundamental rights etc.
 
Type of instructions
Lecture
Combination of lectures and assignments/group work

Type of exams
Take-home exam (70%)
Individual presentation (20%)
Group assignment and presentation (10%)
 
Course available for exchange students
Conditions of admission apply
Contact person
dr. E.D. Partiti MA LLM
Timetable information
Free Movement Challenges
Required materials
-
Recommended materials
-
Tests
Individual Pres. (30%)/Group pres. (10%)

Take Home Exam (70%)

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Kies de Nederlandse taal