EU Internal Market (ENG)

ID: EN-LAW-25-13-421

Module annotation

This course provides a comprehensive introduction to the key dynamics of the European Union (EU) internal market, with a particular focus on its core element: the four fundamental freedoms. These freedoms, such as the free movement of goods, persons, services, and capital, will be explored primarily through the case law of the Court of Justice of the European Union (CJEU). The course examines the principles and rights that both natural and legal persons derive from internal market freedoms and addresses the main challenges, complexities, and enforcement mechanisms associated with them.

Students will explore practical questions such as: Can businesses operate across the EU, and what legal and regulatory hurdles must they overcome? Is it possible to have a registered seat in one Member State, manufacturing in another, and clients in a third? What rights do individuals have to move across Member States, and can their family members accompany them? What is the digital single market, and why is it important in relation to disinformation? Why does legislation like the General Data Protection Regulation (GDPR) have extraterritorial effects, and how does it apply across borders? What legal considerations must business owners bear in mind when dealing with partners, clients, or capital within the EU, especially in relation to anti-money laundering (AML) regulations?

The course takes a theoretical and practical approach to EU substantive law, focusing on key legal principles and relevant CJEU jurisprudence. Special attention is also given to the protection of consumers and the impact of EU legislation on non-EU actors. Students will engage with the material through lectures, practical exercises, case studies, and group discussions.

Module structure

• Module 1: Introduction to the Course and the Internal Market. Overview of the internal market and free trade between Member States. Understanding the TFEU and the Lisbon Treaty. Introduction to the four freedoms

• Module 2: EU Citizenship and Free Movement of Persons. Concept and development of EU citizenship. Migration policy and the status of non-EU nationals and beneficiaries of international protection.

• Module 3: Free Movement of Goods and Capital. Core principles of free movement of goods. Free movement of capital. EU sanctions and the position of third-country nationals and entities.

• Module 4: Free Movement of Services and Freedom of Establishment. Public interest exceptions: public policy, security, health. Jurisprudential justifications and proportionality.

   

Literature

• Craig, P. & de Búrca, G., EU Law: Text, Cases, and Materials; Oxford: OUP, (latest edition, 8^th - 2024)
• Barnard, C., The Substantive Law of the EU: The Four Freedoms; Oxford: OUP, (latest edition, 7^th - 2020)
• Schutze,R., European Union Law, Cambridge: Cambridge University Press, 2021 (3rd edition).
• Davies, K., Munster, M. van and Düsterhöft, I. (2022) Understanding European Union Law. Routledge, 2022 (8^th edition)
• Davies, G., European Union Internal Market. Routledge-Cavendish. 2016 (2^nd edition)
• Supplementary Materials: Peer-reviewed journal articles (distributed via course platform)

Useful Sources:

• EUR-Lex (https://eur-lex.europa.eu) – official access to EU law and CJEU case law

• Treaty on the Functioning of the European Union (TFEU), | EUR-Lex (text, consolidated version): https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF

• Charter of Fundamental Rights of the European Union