Leerdoelen
This course requires a solid understanding of rules in the area of European Internal Market Law, in particular those on the Free Movement of Persons (companies and citizens). Students should be familiar with the legal (and economic) principles behind the legal rules. By means of the Socratic method, the students will learn in (practically orientated) interactive lectures to take and defend a position on a free movement of persons topic. They will need to apply the law to an (imaginative) case-study,critically analyze the current case-law of the European Court of Justice and learn to present a creative legal solution to a legal problem. For the exam, the participants will have to write a case note in which they can put into practice the knowledge and the legal argumentation skills they have gained during the course.
Inhoud
This case-law oriented course is intended to provide participants with a better understanding of the substantive legal provisions of the European Union Treaties regarding the free movement of persons (including establishment and European citizenship). Students will also become familiar with secondary law and the leading interpretations of the European Court of Justice on the free movement of persons.
Topics covered are the dilemma of allowing free trade and further economic integration on the one hand and the protection of non trade interestst (such as public policy, the level of professional qualifications and the cohesion of the educational or health care system) on the other hand.
Also the development in this area from (equal treatment) rights of individuals from other Member States that are economically active (workers, self employed), via non economically activeEU nationals (students), to rights for third county nationals under European law will be dealt with: it poses interesting questions with regard to the extent of solidarity of Member States of the EU towards each other.
Onderwijsvorm
Seminars
Onderwijstijden
Day-time
Studiemateriaal
C. Barnard,
The Substantive Law of the EU, 3rd OUP, 2010 (ISBN: 9780 199566754)
Toetsvorm
Take home exam, case note
Bijzonderheden
This course is closely connected with
Law of the Internal Market I: Goods and Services (5 EC). It is strongly suggested to take both courses for better insight in substantive EU law.
For further possible course requirements, see the Blackboard site at
http://blackboard.ic.uva.nl
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