Corsi di Studio del Dipartimento di Giurisprudenza

Market Regulation

Market Regulation

Anno accademico 2024/2025

Sommario insegnamento

• Avvisi
• Obiettivi formativi
• Risultati dell'apprendimento attesi
• Programma
• Modalità di insegnamento
• Modalità di verifica dell'apprendimento
• Attività di supporto
• Note
• Strumenti didattici
• Scheda del corso

Avvisi

Obiettivi formativi

One could define ‘market regulation’ as the legal form of a political decision to correct the functioning of the market in socially desirable ways. Understood in this way the concept relies on certain key assumptions. It assumes, most importantly, that markets and political communities share the same borders. It also assumes that markets react in predictable ways to legal intervention. It conceives of law as emanating from a monolithic political sovereign. It further carves up the realm of law in a sphere of public, ‘political’ law intruding upon the market, and private, ‘neutral’ law facilitating market exchange.

The course will analyse the legal regulation of transnational markets in general and the EU internal market in particular in the light of theoretical and empirical challenges to thse assumptions. 

The course will provide a thorough overview of the law of the EU internal market and, at the same time, an introduction to the law-and-political-economy approach to market regulation. It will do this from comparative and interdisciplinary points of view. 

Risultati dell'apprendimento attesi

Upon completion of the course, students will have acquired:

Knowledge and awareness of the history and development of the internal market in the European Union;

Knowledge and awareness of the EU law of free movement of goods, services, and capital;

Knowledge and awareness of the increasing importance of economic fundamental rights stemming from the Charter;

Knowledge and awareness of the role of private actors in market regulation;

Knowledge and awareness of contemporary debates on transnational economic constitutionalism;

The ability to analyse and understand EU legal texts;

The ability to analyse and contextualise CJEU caselaw;

The ability to relate legislation and litigation in the construction of the EU internal market;

The ability to relate economic theory and ideology to concrete cases;

The ability to organise and weigh complex information;

The ability to communicate understanding and contextualisation of legal issues and questions in writing and orally.

Programma

Introduction and overview of the course

Political economy of transnational markets

Positive and negative integration in the development of the EU

The free movement of goods: development of the caselaw

The free movement of goods: private transnational regulation

The free movement of services and the freedom of establishment

The free movement of capital

Property rights, contractual autonomy, and the freedom to conduct a business in the internal market

The relationship between international investment law and internal market law

The regulation of digital markets

Economic constitutionalism

Modalità di insegnamento

The module will be taught in two-hour sessions, which combine lecture and seminar modes of teaching and learning. Attending students are expected to participate actively in discussions.  The class discussion will afford students the opportunity for in-depth interrogation of claims made in the readings, for wider discussion of particular questions, and for student presentations.

Modalità di verifica dell'apprendimento

Assessment will be an 'open book' written exam in English. The exam will evaluate both substantive knowledge and the ability to reason, contextualise, and analyse. 

Attività di supporto

Readings, PPT presentations delivered in lectures, and other learning tools will be available on the course's Moodle e-learning pages.

Note

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