European Economic Law

Teaching hours and credit allocation: 30 hours, 6 credits

The aim of this module is to provide the students with the legal foundations of economic integration in the European Union and to provide a framework for the understanding of the establishment of the EU internal market. The expansion of EU law into the national legal orders is a reality with which lawyers are called to deal on a daily basis. The European legislature adopts harmonization in many different areas of economic law. This course aims at covering in a systematic way these different areas of law. Students could develop a deep understanding of the theoretical and practical issues of these areas of law. Studying these areas of law is particularly challenging after the global financial crisis. This module will give emphasis on institutional aspects of European economic law. This is a prerequisite in order to proceed to “European Economic Law II” where the students will study the substantive aspects of European Economic Law.

Learning outcomes

On completing the course the participants will be able to:

  • understand the institutional structure of the European Union.
  • learn about the structure and the content of European Treaties.
  • understand the implications of the Lisbon Treaty.
  • understand the distinct role of European institutions.
  • understand the constitutional foundations of the internal market of the EU.
  • understand the law-making process, especially in the context of the internal market.
  • critically evaluate various aspects of harmonization.
  • recognize the important regulatory role of the European Union in the national markets and in the European economy as a whole.
  • recognize the global economic role of the European Union.
  • distinguish EU/national/shared competences at EU level.
  • be able to refer to case law of the European Court of Justice and other domestic/international courts and tribunals.
  • be able to answer specific questions with regard to constitutional aspects of EU law.
  • be aware that studying carefully and understanding this module is absolutely necessary for proceeding to “European Economic Law II”.

Content

  • The development of the European Union-Constitutional aspects of EU Law
  • EU Treaties (Treaty of Lisbon (2009), Treaty of Nice (2003), Treaty of Amsterdam (1999), Treaty on European Union – Maastricht Treaty (1993), Single European Act (1986), Treaties of Rome – EEC and EURATOM treaties (1958), Treaty establishing the European Coal and Steel Community (1952))
  • Main Institutions: the European Parliament, the Council of the European Union, the European Commission, the European Council, the European Central Bank, the Court of Justice of the European Union and the European Court of Auditors.
  • Other institutions and bodies: European Economic and Social Committee, Committee of the Regions, European Investment Bank, European Investment Fund, European Ombudsman, European Data Protection Supervisor
  • The competences of the European Union
  • The finances of the European Union (Budget).
  • Legislative process at EU level (co-decision)-aspects of harmonization.
  • Primary EU law (Treaties)-secondary EU law (Legal instruments -regulations, directives and decisions)
  • The legal system of the European Union (acquis communautaire)
  • General principles of EU Law (principle of attributed competence, principle of subsidiarity, principle of proportionality, principle of non-discrimination, principle of legal certainty etc.)
  • EU Company Law. Harmonization of company law in the European Union. The legal basis. Freedom of establishment of legal persons. Free movement of capital and company law. The rich case law of the Court of Justice of the European Union on company law. Company law and capital markets. Corporate Finance Law. Corporate governance.