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EU LAW ADVANCED

EU LAW ADVANCED. Prof. Giacomo Di Federico Prof. Federico Casolari Dr. Federico Forni. OUTLINE OF THE MODULE. 1) INTERNAL MARKET AND ECONOMIC FREEDOMS 2) AREA OF FREEDOM SECURITY AND JUSTICE 3) ECONOMIC AND MONETARY UNION 4 COMMON COMMERCIAL POLICY. OUTLINE OF THE COURSE.

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EU LAW ADVANCED

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  1. EU LAWADVANCED Prof. Giacomo Di Federico Prof. Federico Casolari Dr. Federico Forni

  2. OUTLINE OF THE MODULE 1) INTERNAL MARKET AND ECONOMIC FREEDOMS 2) AREA OF FREEDOM SECURITY AND JUSTICE 3) ECONOMIC AND MONETARY UNION 4 COMMON COMMERCIAL POLICY

  3. OUTLINE OF THE COURSE • FREE MOVEMENT OF GOODS • FREE MOVEMENT OF PERSONS • Citizenship and circulation of students and other non-productive persons • Workers • Freedom of establishment • Freedom to provide services

  4. TUTORIALS • Tutorials will address specific judgments of the European Court of Justice with a specific focus on: - free movement of goods - European citizenship and free circulation of persons - freedom of establishment - freedom to provide services

  5. THE CREATION AND FUNCTIONING OF THE INTERNAL MARKET 1) Economic and regulatory integration 2) The four fundamental freedoms 3) Potential interactions with specific EU policies (competition, State aid, antidumping, welfare, consumer protection, environment, etc.) 4) Balancing economic freedoms, national prerogatives and fundamental rights

  6. FREE MOVEMENT OF GOODS • Forms of integration • free trade area • common market • custom Union • monetary Union • Custom Union and National barriers • custom duties and levies • fiscal measures • quantitative restrictions and MEQRs • Limiting the free flow of goods within the EU • derogations • mandatory requirements

  7. FREE MOVEMENT OF PERSONS • EU Citizenship • notion • scope • connected rights • The free circulation of persons (students, retired workers and professionals, etc.) • Directive 2004/38 and the case law of the EUCJ • Free movement of workers • notion • legal regime • specific legislation

  8. FREEDOM OF ESTABLISHMENT • The beneficiaries of the right (natural and legal persons) • Primary and secondary establishment • Restricting the freedom to pursue an occupation in another MS • natural barriers • regulatory restrictions • The applicable regime • Directive 2005/36 • Directive 2006/123

  9. FREEDOM TO PROVIDE (AND RECEIVE) SERVICES • The notion of service and the beneficiaries of the right • The different situations caught by Arts. 56 to 62 TFEU • Restrictions on cross border services • Relevant EU legislation • Directive 2006/123

  10. BALANCING FREE MOVEMENT AGAINST OTHER INTERESTS • Public interests protected under EU law • express derogations included in the TFEU • mandatory requirements • Principles for the balancing test • viability/effectiveness • necessity • Proportionality • Weighing fundamental freedoms and fundamental rights

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