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BARNARD Catherine - EU Substantive Law: The four freedoms (20h)

The course sets out to give students an understanding of the operation of the single market within the European Union and beyond. One of the distinguishing features of the Union is the capacity of its institutions to generate law, in the form both of legislation and of case law. European Union Law is studied not only because it raises interesting questions about the organisation of a new and dynamic legal order, but also because its rules have both a direct and an indirect impact of importance on the lives of individuals and on businesses in the Member States and beyond.

This course seeks to foster an understanding of the principles underlying the subject and to encourage students to think about those principles in a practical way. It aims to give students a clear understanding of the internal market as a coherent body of law with common principles, rather than merely becoming acquainted with isolated parts. The area of substantive law chosen for special study, namely free movement of goods, is, one in which the doctrines most characteristic of the Union legal order have been worked out.

One of the goals of the course is that a student will be able to approach even unfamiliar areas of single market Union law with an authority born of knowledge of how the internal market essentially works.

The referendum that took place in the UK in June 2016 spells the  end of the UK’s membership of the European Union (‘Brexit’). One of the strands of the withdrawal negotiations is what form the future relationship of the UK with the EU might take. There are various degrees of integration and disintegration. One of the aims of this course will be to examine these different models.

The course builds upon the assumption that students have already mastered the principal legal skills required for the study of EU law during the 1st semester “EU Legal Order” course, and seek to develop those skills in the somewhat different context of EU Substantive Law. Thus, attention is paid to the different approaches to legal reasoning in general and the interpretation of texts in particular. // ECTS Card

Professor: Catherine BARNARD