First year of the MLEUIM curriculum will include the following lectures:
Subject: LAW OF THE EU INTERNAL MARKET – CORE ASPECTS
Professor: Vladimir Savković
1. Historical development of the the EU internal market – internal market as the key driver of European integrations (European Coal and Steel Community; Treaty of Rome, Single European Act, Treaty of Maastricht, Treaty of Amsterdam, Treaty of Nice, Treaty of Lisbon);
2. Basics of the EU internal market law - common framework of the four freedoms (supremacy and direct effect of the TFEU free movement provisions; general scope of application, general notions of discrimination, restrictions and justifications; principle of proportionality);
3. European Union citizenship (TFEU key provisions; personal scope of application - beneficiaries and obligors; prohibitions of discrimination and other restrictions; justifications; secondary legislation - Citizens' Rights Directives and beyond);
4. Free movement of workers in the internal market (TFEU key provisions; personal scope of application (notions of workers, job seekers and other persons having rights under Article 45 TFEU; material scope of application; discriminatory, non-discriminatory restrictions and justifications; key secondary legislation and CJEU case law on free movement of workers);
5. Free movement of goods in the internal market (TFEU key provisions; beneficiaries and obligors (personal scope of application); material scope of application (the notion of goods and beyond); customs union; quantitative restrictions and measures having equivalent effect; internal taxation issues, secondary legislation and CJEU case law);
6. Right of establishment and freedom to provide services in the internal market (TFEU key provisions; two separate freedoms or one – differences? personal scope of application - beneficiaries (services providers and service recipients) and obligors, material scope of application – notion of service, notion of permanent establishment; prohibitions and justifications; secondary and CJEU case law);
7. Free movement of capital in the internal market (TFEU key provisions; personal scope of application; material scope of application – notion of capital and its cross-border movement (Directive 88/361/EEC); prohibitions and justifications; secondary and CJEU case law);
8. Horizontal direct effect of the four freedoms (free movement of workers – from Walrave & Koch to Casteels and beyond; Laval and Viking - right of establishment and freedom to provide services getting out of the shadow? Fra.bo – horizontal direct effect for the free movement of goods; „golden share cases “– an indication of the freedom of capital movement becoming horizontally effective?)
Subject: EU COMPETITION LAW AND THE INTERNAL MARKET – BASIC PRINCIPLES
Professor: Dražen Cerović
1. Economic and legal foundation of national and EU competition law (the notion of competition and the concept of competition law; competition effects; the concept of perfect competition; the concept of distortion of competition – monopoly & oligopoly; brief history of competition law, sources of national and EU competition law, scope of application);
2. Article 101 TFEU (101(1) TFEU - the notion of agreements, decisions and concerted practices which are anti-competitive and which distort the single market; 101(2) TFEU - the nullity of the agreement; 101(3) TFEU – exceptions: horizontal agreements, specialization agreements, production agreements, purchasing agreements, etc; relevant case law)
3. Article 102 TFEU – Abuse of dominant position (the notions of dominant position, abuse of dominant position, undertaking; effect on trade between member states and substantial part of the internal market; exclusions, relevant case law)
Second and third year of the MLEUIM curriculum will include the following lectures:
Subject: INTERACTION BETWEEN THE EU ENVIRONMENT PROTECTION LAW AND THE INTERNAL MARKET – CHALLENGES AND SYNERGIES
Professor: Maja Kostić Mandić
1. EU environmental policy (brief history of EU’s environmental policies; key actors; environmental policy drafting and enactment procedure; major principles and segments of the EU environmental policy; strategic environmental impact assessment).
2. Sustainable development (lecture addresses the EU attempts to find a balanced approach between the free movement of goods and environmental protection when integrating environmental concerns into the EU's internal market policy. We shall focus in particular on how the sustainable development concept made impact on internal market.
3. Environmental liability (lecture addresses a private and public law system of environmental liability, which both include preventive and curative measures. The special focus will be legal liability in case of Interventions in the living environment (e.g., releases of harmful substances), which may cause traditional (civil) pecuniary or non-pecuniary damage (with or without cross border element), as well as environmental damage as a newer (public law) form of legally recognized damage, introduced by Environmental Liability Directive.
4. Public participation in environmental decision-making (the class will focus on the concept of public participation in its wider sense, encompassing access to information, public participation in decision-making and access to justice in environmental matters, as provided for by the Aarhus Convention, as the EU institutions are public authorities within the meaning of the convention).
Subject: EU CHARTER ON FUNDAMENTAL RIGHTS AND THE INTERNAL MARKET: FUNDAMENTAL RIGHTS V. FUNDAMENTAL FREEDOMS – NEW CHALLENGE FOR THE CJEU
Professor: Aneta Spaić
1. Balancing the fundamental rights and fundamental freedoms. Fundamental rights. The principle of proportionality – The proportionality test: Origin, notion, balancing interests, criteria. Fundamental freedoms. TFEU key provisions. ECHR. EUCFR.
2. Balancing the freedom of expression and assembly and free movement of
goods. Freedom of expression and assembly, Art.9 &10 ECHR. Art 11 EUCFR. Freedom of the fe, Schmidberger case. Facts, AG’s opinion, Judgement of the case, Analysis, Justification of the restriction. Dynamic case. Familiapress case.
3. Balancing the social rights and freedom to provide services. Social rights: legal nature and protection – Art 33 to 35 of EUCFR. Viking Line and Laval case - Facts, AG’s opinion, Judgement of the case, Analysis.
4. Balancing the human dignity with the freedom to provide services. Human Dignity- Ch1, Art.1 of EUCFR. Omega case – Facts, AG’s opinion, Judgement of the case, Analysis, Justification of the restriction.
Subject: CONSUMER PROTECTION IN THE INTERNAL MARKET: HOW FAR IT CAN GO?
Professors: Maja Kostić Mandić; Nikola Dožić
1. Basic principles of EU consumer protection law (Constitutional basis of the consumer protection; characteristics of the consumer protection policy; development of the consumer protection law; consumer acqui)
2. Private law aspects of the consumer protection (characteristics of the consumer protection law; consumer/trader; consumer rights; information duty; withdrawal right; other aspects of the consumer material law)
3. Products safety and products liability (absolute vs. optimal safety, general products safety, and specific product safety; concept of the safe product; assessment of safety; exchange of information and rapid system; producers’ liability)
4. Consumer protection in the field of financial services (mortgage credit directive, rights of foreign currency mortgage credit holders, education of the consumers; consumer credit directive, historical background on the EU rules in this area; assessment of the credit worthiness; credit arrangements; right of withdrawal; open-ended credit arrangements; linked credit arrangements; early repayment; assignment of rights; regulation of creditors; obligation of the intermediaries; penalties; out of court dispute resolution)
5. Modalities in consumers protection against unfair contract terms and unfair commercial practices (consumer protection in European law and in the legal systems of the countries in the region: current situation and prospects in the areas of unfair contract terms and unfair commercial practices)
6. Cross-border issues on consumer protection (the lecture focuses on applicable law and international jurisdiction for cross border consumer contracts. Pursuant to PIL Act of Montenegro their provisions on consumer contracts should be interpreted and applied in accordance with the Rome I Regulation (its Article 6). However, as those two sources are not identical, the emphasis will be on challenges in meeting this obligation.
7. Consumer protection - Procedural law aspects (burden of proof; classic individualistic protection; alternative dispute settlement in the consumer protection cases; Collective consumer protection – protection of the collective consumer interest vs. collective protection of individual interest, injunctions, class actions, specific procedural rules.
SUMMARY OF TEACHING PROGRAMME
Jean Monnet Module in Law of the EU Internal Market