European Domestic Market Law (Free Circulation)
Code: 102260Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Law | OP | 4 |
Contact lecturer
- Name :
- Marta Pons De Vall Alomar
- Email :
- marta.ponsdevall@uab.cat
Teaching staff
- Marta Pons De Vall Alomar
Group languages
You can consult this information at the end of the document.
Prerequisites
There are no specific prerequisites for attending this course. There will be a single group for this course. This course will be taught in English, but students may participate in class or produce their exams or exercises also in Catalan or Spanish. During the 2024/2025 academic year, the professor responsible for teaching and assessment will be Professor Marta Pons de Vall Alomar.
The course will start on the week of September 9.
Objectives
This course aims at offering:
- a basic overview of the principles and main legal framework of the European Union internal market: the "four freedoms" of movement (persons, goods, services and capital) and EU competition law. Most of the course will be devoted to the four freedoms,
- an analysis of the impact of EU internal market law on the legal order of Member States, and the limits that internal market law imposes on Member States,
- an explanation of the criteria used by the Court of Justice of the European Union to solve possible conflicts between free movement rights and other public interest objectives,
- a basic knowledge of the topics analysed during the course, so as to facilitate further specialised studies in this area, such as for instance in the context of the elaboration of an end-of-degree essay (TFG) or postgraduate studies.
This course is part of the ODS 4 goal with the aim of ensuring that all students acquire the theoretical and practical knowledge necessary to promote sustainable development, among other things through education for sustainable development, human rights, gender equality, the promotion of a culture of peace and non-violence, global citizenship and the appreciation of cultural diversity and the contribution of culture to sustainable development
Learning outcomes
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Identifying and solving problems.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Memorising and using the specific terminology of Public International Law, Private International Law and European Union Law.
- Identifying and knowing the basic contents of every stipulated speciality.
- Assessing legislative changes and reforms in a context of plurality of systems.
- Identifying and assessing the changes and evolution of jurisprudence in a context of plurality of systems.
- Building a legal reasoning or discourse in the field of Public International Law, Private International Law and European Union Law.
- Assessing the underlying conflicts of interest in the legal problems proposed in an international environment.
- Integrating the importance of Law as a regulatory system of social relations, and the contextualisation of the legal phenomenon in the international environment.
- Applying an interdisciplinary and integrated vision of the legal problems in an international environment.
- Using the constitutional values as a criterion for interpretation and solution of conflicts, specially in case of a contradiction between the main fundamental principles of several legal systems.
- Present information in a way that is appropriate to the type of audience.
- Seek out, interpret and apply legal provisions related to Public Internacional law, Private International Law and European Union Law.
Contents
EUROPEAN LAW ON THE INTERNAL MARKET
Lesson 1: Introduction.
Economic integration. Forms of economic integration. Aims and principles of the European Union (EU). The internal market: the \"four freedoms\" (persons, goods, services and capital) and competition policy. Evolution: From the Common Market to the European Union. The role of the Court of Justice of the European Union (CJEU) and the role of national judges. Prelliminary rulings. The competences of the European Union.
PART I: THE FREEDOMS OF MOVEMENT
Lesson 2: Free Movement of Goods (I)
General issues: concept of \"good\" and \"community good\". Goods covered by the free movement provisions of the Treaty. The legal regime applicable to trade between Member States and its distinction with the rules applicable to trade with third countries (common commercial policy). Extension of the rules applicable within the EU towards the countries of the European Economic Area (EEA).
Basic concepts: the customs union. The common external tariff. Tariff barriers (customs duties) and other tax obstacles. Tarrif and Non-tariff barriers to trade.
Customs duties and charges having equivalent effect (arts. 28 and 30 of the Treaty on the Functioning of the European Union, TFEU): the concept of charge having an equivalent effect to a customs duty in the case-law of the CJEU. Taxes that fall outside this concept. Taxes required for the entry to or exit of a part of the territory of a Member State.
Article 110 TFEU: higher internal taxes imposed on goods coming from other Member States (\"discriminatory\" taxes) and internal taxes on goods imported from other Member States indirectly protecting national products (\"protective\" taxes). Discriminatory taxes: similarity of goods and higher taxation. Protective taxes: goods in a \"competitive relationship\" and an indirect \"protective effect\". Direct and indirect discrimination.
Remedies against customs and tax obstacles which are contrary to EU Law: restitution of the sums unduly paid. Compensation for damages and losses.
Lesson 3: Free movement of Goods (II)
Non-fiscal barriers. Arts. 34 to 36 TFEU: the prohibition of \"quantitative restrictions\" and \"measures having an equivalent effect\" (hereafter, MEE). Meaning of a measure having equivalent effect. Conditions to be met. Restrictions to trade.
Detailed analysis of the condition relating to the effects on trade between Member States in the context of art. 34 TFEU (MEE affecting imports): sense of this condition. Distinctly and undistincly applicable measures. Restriction to market access. Possible restrictive measures: A) measures the object or effect of which is to treat products coming from other Member States less favourably; B) in the absence of harmonisation, measures relating to the requirements to be met by products, even if those measures apply to imported and domestic products alike; C) any other measure which hinders access of a product coming from a Member State to the market of another Member State. The measures on selling conditions and the \"Keck/Mithouard\" case-law (24-11-1993).
Measures hindering exports: Article 35 TFEU. Evolution of the case-law.
Possible justification of restrictive measures: A) \"mandatory requirements\" or reasons of public interest (\"Cassis de Dijon\" case law, 20-2-1979). The conditions relating to non discrimination, necessity and proportionality of the measure. The doctrine of \"mutual recognition\" of national rules which are equivalent as to the level of protection of the general interest concerned; C) article 36 TFUE: cases and conditions of application. Protection of industrial property rights as anexception to the prohibition of measures having equivalent effect.
Lesson 4: Free movement of persons
Introduction and general question: personal scope of the provisions on the free movement of persons, distinction of the different categories enshrined in the TFEU and main legal provisions. Impact of the agreement on the European Economic Area (EEA) on the free movemenent of persons. Extension of the scope of the free movement rules to persons who do not undertake an economic activity. The citizenship of the European Union. The principle of non discrimination among nationals of Member States.
The regime applicable to nationals of third countries in the EU:basic concepts.
Directive 2004/38. The right of residencie within the EU. The right of equal treatment and its limitations. The right of residence of parents from third countries taking care of minors who are citizens of the Union (case Ruiz Zambrano).
Free movement of workers: concept of \"worker\" in the sense of art. 45 TFEU. Conditions for the application of the TFEU provisions on the free movement of workers. Regulation 492/2011, of 5-4-2011, on the free movement of workers. Directive 2014/54, of 16-4-2014, on measures to facilitate the exerciseof rights conferred by the free movement of workers. The rights conferred on workers: equal treatment with the nationals of the host Member State.
The access for nationals of a Member State to posts in the administration of other Member States. Art. 45.4 of the TFUE.
Limitations to the free movement of persons justified on grounds of public policy, public security or public health.
Lesson 5: Right of establishment and freedom to provide services
General aspects. Distinction between the freedom of establishment and the freedom to provide services. Activities covered by these two freedoms. Excluded activities: interpretation of the exclusion of activities connected with the exercise of official authority. Beneficiaries of this rights: special consideration of companies and other legal persons. Principal and secondary establishment.
Historical development of both freedoms: from the prohibition of discriminatory measures to the prohibition of non-discriminatory measures. Directive 2006/123, on services in the internal market.
Possible justification of restrictive measures on grounds of general interest and the introduction of the \"mutual recognition\" rule in the field of establishment and services. Limitations expressly provided in the TFEU: public policy, public security or public health. Exceptions based on the general interest principle. Test of proportionality.
A specific issue: temporary posting of workers in the context of an international provision of services by their employer.
Freedom to provide services ad rightsof establishment of lawyers.
PART II: EU COMPETITION LAW
Lesson 6: Introduction and fundamental concepts of competition Law and prohibited agreements
Objectives and addresses of EU competition law.
Concepts of \"undertaking\". \"agreement\" and \"relevant market\".
Sources of EU competition law. Regulation 1/2003, on the implementationof the rules on agreements restricting competition and on abuse of a dominant position. The role pof the European Commission.
Territorial scope of EU competition law. Relations between EU competition law and Member States' competition law,
Art. 101 of the TFUE. Agreement Prohibited.
Art, 101.3 TFUE Exemptions. Exemtions b y cateogry. Vertical Agreement. Regulation 2022/720 on vertical agreements. Technology Transfer Agreements.
Lesson 7: Conducts relevant for EU competition law (Art.102 TFUE)
Abuse of a dominant position. Concept of \"dominant position\" and concept of \"abuse\".
a) Definition of relevant market and dominance
b) Abusive behaviour
Lesson 8 Merger Control
Control of mergers: The current merger control Regulation: Regulation EC 139/2004.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Assessment | 5 | 0.2 | 1, 2, 3, 5, 6, 9, 10, 11, 12, 13, 14, 15 |
| Search, reading and study of bibliography, legal texts and case law. | 90 | 3.6 | 3, 5, 6, 7, 8, 10, 11 |
| Theoretical Lectures. | 23 | 0.92 | 5, 6, 7, 8, 10, 11, 13 |
| Work in Classroom- debating and solution of practical cases, comments and questions. | 22 | 0.88 | 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 |
The theoretical lectures refer to the teacher's general presentation of the lessons of the syllabus. Work in classroom refers to the analysis of selected case-law of the CJEU and debating and solving practical cases. Comments and questions by the students will also be considered work in classroom. Lessons will be based on the Socratic basis to allow discussion of issues at stake.
The usual modus operandi of the practical exercises will be as follows: the teacher will propose a practical case, that students should resolve it in writing, in the classroom, in approximately one hour. After having submitted their written exercises, during the following class an oral discussion will take place, among the students and the teacher.
Communications by the teachers to the students, and particularly those which are more important, such as the publishing of grades or warnings, will be published in the \"virtual campus\" corresponding to this subject.
The Moodle page of the Course includes summaries of each lesson and the supporting materials.
Restricted use of AI: \"For this subject, the use of Artificial Intelligence (AI) technologies is allowed exclusively in support tasks, such as bibliographic or information searches, or translations. The student will have to clearly identify which parts have been generated with this technology, specify the tools used and include a critical reflection on how they have influenced the process and the final result of the activity. Lack of transparency in the use of AI in this assessable activity will be considered a lack of academic honesty and may result in a partial or total penalty in the grade of the activity, or greater penalties in cases of seriousness.
The teacher of this course will be Marta Pons de Vall.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Final practical case | 20% (2 points/10) | 1.5 | 0.06 | 6, 9, 14, 15 |
| Final Exam | 50 % (5 points out of 10) | 1.5 | 0.06 | 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 |
| 4 practical cases | 20 % (2 points out of 10) | 6 | 0.24 | 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15 |
| Participarion in class (written and oral) | 10 % (1 point out of 10) | 1 | 0.04 | 1, 2, 6, 9, 10, 12, 14, 15 |
The grades of the course will range from 0 to 10. For passing the course it is necessary to obtain at least an average grade of 5.
1) Ordinary evaluation:
For the grading of the course, three activities will be considered:
1.1. Participation in classroom, mainly through written exercises on practical cases (4 during all course) (20 % of the final grade)
1.2. A final practical case. The final practical case will take place on December 2026 (20 % of the final grade).
1.3. A theoretical exam, that will take place on the official date indicated by the Faculty (in January 2027). This exam will have two questions, and students will have a maximum time of two hours to answer them (50 %, 5 points out of 10)
In addition to that, participation in class during the course will be also considered (10% of the final grade).
Students will be assessed as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade of the subject. If the value of the activities carried out does not reach this threshold, the teacher of the subject may consider the student as not evaluated.
To pass the course it is necessary to get at least 4 point (over 10) in the final theoretical exam (exercise 1.3) and in the final practical case (exercise 1.2.)
No materials (except legislation) or electronic devices may be used during the examination
2) Sole evaluation
In justified cases, students may request a sole evaluation. This will consist of two tests with the following format:
i) Theoretical written exam of two questions to be developed (50%)
ii) Resolution of written case study (40%)
iii) Oral exposition (10%)
No materials (except legislation) or electronic devices may be used during the examination
3) Extraordinary assessment or reevaluation:
Those students who have not passed the subject at the ordinary assessment phase may take the reevaluation proof, that will take place on the date indicated by the Faculty. The possibility of participating in the reevaluation proof is subject to the condition that the student has participated at least in one of the activities of classroom participation (number 1.1. above) and that he or she has taken, in the frame of the ordinary assessment, either the end-of-course practical case (number 1.2. above) or the final exam (number 1.3. above), or both of them. Students who have taken, in the frame of the ordinary assessment, both the end-of-course practical case and the final exam and have passed the subject may not take the reevalation proof in order to try to improve the grade previously obtained.
The reevaluation exam will have two parts:
3.1. A practical case (40 %, 4 points outof 10), to be solved in a maximum time of one hour and a half.
3.2. A theoretical exam with two questions, to be answered in a maximum time of one hour (25 % each question, so 5 points out of 10).
According to applicable academic regulations, students may ask for a review of their exams or proofs. The minimum time between the publishing of the grades in the \"campus virtual\" and the moment of such review will be 24 hours.
Apart from other possible responsibilities according to the disciplinary rules, those students who cheat or try to cheat in an exam or proof will be graded with a 0 mark in such exam or proof. Proofs or exercises in which plagiarism is detected will also be graded with 0, and their author will receive a warning. In case of reiteration of such conducts the student will fail the subject with a 0 mark.
Bibliography
1. Compulsory bibliography:
There is no textbook that adapts perfectly to the content of the programme, so there is not a compulsory reference textbook for this course.
However, the English textbook most well adapted to the part of the programme of the course relating to the four freedoms is: C. Barnard, The Substantive Law of the EU. The four freedoms, Oxford University Press, 2025.
2. Complementary bibliography:
Barnard, Catherine, The Substantive Law of the EU: The Four Freedoms, Oxford University Press, 8ª ed., 2025.
Verschueren, Herwig (ed.), Residence, Employment and Social Rights of Mobile Persons. On How EU Defines Where They Belong, Intersentia, 2016.
Vogel, Louis, Droit européen des affaires, Paris, LGDJ, 3ª ed., 2026.
Beneyto Pérez, José Mª (dir.), Maillo González-Orús, Jerónimo, Becerril Atienza, Brelén (coords.), Tratado de Derecho y políticas de la Unión Europea (tomo VI: mercado único europeo y unión económica y monetaria), Aranzadi, 2014.
Beneyto, José Mª y Maíllo, Jerónimo (dirs.), Corti, J., Milla, P. (coords.), Fostering Growth in Europe: Reinforcing the Internal Market, Madrid, CEU ediciones, 2014 (disponible a la biblioteca digital de la UAB).
De Grove-Valdeyron, Nathalie, Droit du marché intérieur européen, Paris, LGDJ, 5ª ed., 2017.
Direcció General d'Empresa i Indústria, Comissió de la UE, Libre circulación de mercancías. Guía para la aplicación de las disposiciones del tratado que rigen la libre circulación de mercancías, Luxemburgo, Oficina de Publicaciones de la Unión Europea, 2010 (s'hi pot accedir a través d'Internet).
Dubois, Louis y Blumann, Claude, Droit matériel de l’Union Européenne, Paris, Montchrestien, 7ª ed., 2015.
García Cruces, José Antonio (dir.), Tratado de Derecho de la competencia y de la publicidad, tomo I, Valencia, Tirant lo Blanch, 2014.
García Murcia, Joaquín (dir.), Libertad de circulación y derechos de protección social en la Unión Europea, Lisboa, Jurvá editorial, 2016.
Grynfogel, Catherine, Droit européen de la concurrence, Paris, LGDJ, 2016.
Gutiérrez Velasco, Íñigo (coord.), El Tribunal de Jusrticia de la UE ante el espejo del Derecho social, Valencia, tirant lo Blanch, 2017 (disponible a la biblioteca digital de la UAB).
Kaupa, Clemens, The Pluralist Character of the European Economic Constitution, Hart Publishing, 2016.
Martos García, Juan Jesús, "Las exacciones de efecto equivalente a los derechos de aduana en la Unión europea. Análisis jurisprudencial\", Crónica Tributaria, núm. 144, 2012, pp. 55-87 (diponible a la biblioteca digital de la UAB).
Pérez de las Heras, Beatriz, El mercado interior europeo. Las libertades económicas: mercancías, personas, servicios y capitales, Universidad de Deusto, 2ª ed., 2008.
Sánchez, Víctor Mª. (dir.), Derechode la Unión Europea, Barcelona, Huygens, 2010 (temas 6 y 23 a 26).
Isidora Maletić Trade Regulation and Policy in the EU Internal Market, An Assessment through the Services Directive 2022, EE Publishing
Internet websites:
- European Union:
http://www.europa.eu/
- Law and legislative procedures of the EU:
eur-lex.europa.eu/homepage.html
- Court of Justice of the European Union:
http://curia.europa.eu/
- Web on several topics about the EU:
europa.eu/european-union/topics_es.htm
Particularly, the following topics: \"Citizenship of the Union\", \"Competition\", \"Consumers\" and \"Internal market\".
- SOLVIT network:
http://ec.europa.eu/solvit/index.htm
Software
This course does not require any specific software.
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TE) Theory | 1 | English | first semester | morning-mixed |
| (PAUL) Classroom practices | 1 | English | first semester | morning-mixed |