European Union Law II

Code:

DO522

Acronym:

DCOMU2

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2003/2004 - 2S

Active?	No
Course/CS Responsible:	Law

Objectives

As the students will already have a grasp of the goals of the European Union, it functioning, its legal system and the fundamental principles underlying the creation of the internal market, European Union Law II aims to improve knowlege of the “4 freedoms” and competition law. It is further intended to tackle the mechanisms for the jurisdictional protection of the European Union Law, a relevant domain for the overall training of future lawyers.

Program

PART I
I
The internal market – the “4 freedoms”
1 – The customs Union and the free movement of goods.
2 – The free movement of people and labour.
3 – Freedom of establishment and the free rendering of services.
4 – The free circulation of workers.

II
EUROPEAN UNION competition law
1 – Fundamental presuppositions and scope of material application.
2 – Corporate groups of companies.
3 – Abuse of dominant position.
4 – Concentration of companies.
5 – State support.

Part two
Jurisdictional protection of EUROPEAN UNION law

I
Jurisdictional system of the European Union
1 – The Courts – theit position in the institutional structure of the European Union
2 – The Court of Justice and the Court of First Instance – composition; services and functioning

II
Jurisdiction of the Courts

§ Competence of national Courts
1 – Jurisdiction of the Court
2 – The division of competences between the Court of Justice and the Court of First Instance.

III
Competences of the Court
A – Judicial cooperation with national courts.
1 – The interpretation and consideration of validity of European Community rules – the process of prejudicial return
§ New competences under Heading IV of the Treaty of the European Community and Heading VI of the Treaty of the European Union.

B – Contentious competences

1 – Action for non-compliance of States
2 – The control of the legality of Community acts and acts under Heading VI of the Treaty of the European Union – appeal to nullify; the exception of illegality; appeal for omission.
3 – Contentiousness of Union officials.
4 – Actions of contractual and extra-contractual liability of the European Community.

C – Consultative competence in relation to international Agreements signed by the European Community

Main Bibliography

CAMPOS, J. M., “Direito Comunitário”, II and III vols., Lisbon, Fundação Calouste Gulbenkian.

Complementary Bibliography

Additional complementary reading, both national and foreign, will be recommended during the course.