Contents - Faculty of Law - University of Cambridge

The theory of EU trade law. The rationale underpinning free trade; the need for Union regulation; the form that thisregulation takes, focusing in particular on arguments concerning regulatory competition.The internal market. Evolution of the Court’s case law on the free movement of goods from Dassonville to Keck;evolution of the Court’s case law on free movement of persons (from Van Binsbergen to Säger). Brief outline of caselaw on free movement of workers and establishment; the nineties: Keck, Gebhard and Alpine; recent developmentsand problematic aspects of the Court’s case law; free movement of capital.The Treaties as an economic constitution: controlling Member State action through competition rules (Arts. 81 and106) including specific examples such as the regulation of sports and professions; the right to provide or receivehealth services.Regulating the internal market. Legal basis, the different methods of regulation (exhaustive harmonisation, minimumharmonisation, new approach, OMC). Regulating GMOs will be the principal case study.2. Case studies.Public Procurement: The legal regime as governed by the Directives and their interaction with the Treaty provisionson goods and persons; the relevance of non-economic factors.Consumer protection.The Role and Development of EU Consumer Law; Harmonising Directives and MarketIntegration; the Relationship between Consumer Law and Competition Law.READINGThe specific text for this course is Barnard, The Substantive Law of the EU (3rd ed 2010) for the first and part of thesecond term. In the second term, Dr Albors-Llorens will also use Weatherill, EU Consumer Law and Policy (2005).Most material will be taken from monographs and journals. In particular, reference will be made to:Andenas and Roth, Services and Free Movement Law (2003)Barnard and Scott (eds), The Law of the Single European Market: Unpacking the Premises (2002)Barnard and Odudu, The Outer Limits of European Union Law (2009)Poiares Maduro, We the Court: the European Court of Justice and the European Economic Constitution: a CriticalReading of Article 30 of the EC Treaty (1998)McCrudden, Buying Social Justice (2007)Statutes:Blacktone’s EC Legislation (2010-2011)Additional specific legislation will be made available during the course as required. Subject to the usual rule as toannotations, such material may be taken into the examination.Specialist Journals:European Law ReviewCommon Market Law ReviewEuropean Law Journal91