European Business Law

Synopsis
COURSE 1. UNDERSTANDING THE FUNDAMENTALS

Module 1 – Introduction to EU Law

About the Module

This first module will help you to build a solid foundation for the coming lectures on EU law.
The module provides a brief introduction to the history and the institutions of the EU, as well as
the judicial branch i.e. the Court of Justice of the EU. The module will also go into some detail
about the most fundamental EU treaties, namely the Treaty on the European Union (TEU) and
the Treaty on the Functioning of the European Union (TFEU).

Lectures

Lecture 1: History of the EU: A Changing Europe (7 min)

Lecturer: Julian Nowag
Synopsis: Dating back to the formative years after the Second World War, Julian Nowag will
guide us through the history of the European Union. The lecture will provide an overview of the
many treaties that shapes the EU.

Lecture 2: Institutions of the EU (5 min)

Lecturer: Julian Nowag
Synopsis: The institutional setup of the European Union differs from most international
organizations and national states. As such, this lecture will provide an overview of the main EU
institutions and their interaction.

Lecture 3: The Court of Justice of the EU (7 min)

Lecturer: Julian Nowag
Synopsis: The Court of Justice of the EU has played a crucial role enhancing the legal integration
of the European Union. In this lecture we will learn more about the Court of Justice and why it
has been the most important EU institution in terms of developing the legal framework and the
method of the EU.

Lecture 4: Treaties of the European Union (13 min)

Lecturer: Hans Henrik Lidgard
Synopsis: The lecture focuses on one of the three primary sets of legislation that the EU relies on,
namely the Treaty on the European Union (TEU). The TEU is one of the main building blocks
within the EU, and it sometimes referred to as the constitution of the EU. The lecture goes
through the treaty in detail and explains its overall structure, as well as each separate section and
its application in Member States.

Lecture 5: The Treaty on the Functioning of the European Union, Part I (16 min)
Lecturer: Hans Henrik Lidgard
Synopsis: The lecture presents the Treaty on the Functioning of the European Union (TFEU).
The TFEU is more operative than the TEU and it outlines detailed provisions while focusing on
the process of developing the European collaboration. The lecture discusses the content in the
preamble, as well as sections one to four, covering the main EU principles, union policies and
internal actions.

Lecture 6: The Treaty on the Functioning of the European Union, Part II (8 min)
Lecturer: Hans Henrik Lidgard
Synopsis: The lecture continues where the previous lecture left off, examining part five to seven
in the TFEU. It discusses the provisions on common commercial policy, cooperation with third
countries, institutional and financial provisions and general provisions.

Module 2 – Sources and Method

About the Module

The second module will give you a practical introduction to the legal sources and method of EU
law. It will provide you with some skills that are crucial when dealing with EU law, such as
navigating the vast databases of official publications, legislation and case law. The module
provides an overview of the available online resources and EU legal databases. It provides
suggestions on how to search the official journals, including the case law of the ECJ. In addition,
the module explains what treaties, regulations and directives actually are, and where to find them
online. Keep in mind that the module can be used as reference if you continue your studies of
European Business Law.

Lectures

Lecture 1: Introduction to EU Law Sources (6 min)

Lecturer: Anna Wiberg
Synopsis: The lecture introduces the online resources and EU legal databases. Its hands on and
very practical. Instructions are given on how to find documents and search the official journals,
including the case law of the ECJ.

Lecture 2: Treaties and Legislation (7 min)

Lecturer: Anna Wiberg
Synopsis: The lecture provides a practical introduction to the various treaties and where to find
them online. Regulations, directives and decisions are discussed, as well as their structure and
how to find them online. The lecture also explains some of the key abbreviations and citations.

Lecture 3: Case Law (6 min)

Lecturer: Anna Wiberg
Synopsis: The lecture provides a guide to how to find case law in the ECJ database, and how to
search within the case documents.

Lecture 4: Commission Documents (5 min)

Lecturer: Anna Wiberg
Synopsis: In this lecture you will learn where to find proposals for new legislation, notices and
guidelines from the Commission, as well as implementation reports.

Module 3 – Fundamental Principles

About the Module

In the third module you will learn about the fundamental principles and constitutional
foundations of EU Law. The dynamic and interaction of the national law of the Member States
and the EU will be covered in some detail. This includes the three categories of competence –
exclusive, shared and supporting. The effects of the exercise of competence are discussed, as well
as relevant case law. A brief historical background is given to the principle of fundamental rights
along with its application in contemporary Europe. Finally some of the main principles of EU
law are discussed, including the principles of proportionality, non-discrimination and legal
certainty.

Lectures

Lecture 1: EU Competences: The Principles of Conferral and Subsidiarity (8 min)

Lecturer: Annegret Engel
Synopsis: This lecture covers the principle of conferral as set out in Article 5 TEU. The three
categories of competence – exclusive, shared and supporting – are discussed. The Snus Case (C-
210/03) is used to illustrate the dynamics of the conferral of power and the different forms of
competence. Also, the principle of subsidiarity is discussed in light of the Snus Case.

Lecture 2: The Effects of EU Law (11 min)

Lecturer: Angelica Ericsson
Synopsis: The lecture discusses the effects of the exercise of competence. How does EU Law
effect different subjects and their relationship to each other? Key concepts such as direct effect,
direct applicability and primacy are introduced. The independent function of direct effect in
relationship to direct applicability as established by the ECJ in the landmark case Van Gend and
Loos is discussed. The lecture goes on to cover the difference between horizontal and vertical
direct effect. Lastly, the primacy of EU law as introduced by the ECJ in Costa v Enel is covered.
Lecture 3: The Principle of Fundamental Rights (8 min)
Lecturer: Magnus Schmauch
Synopsis: The lecture introduces the principle of fundamental rights. A brief historical
background is given, starting with Walter Hallstein in the 1950:s. Articles 19 and 6 TEU are
discussed, the latter in some detail covering the four levels of fundamental rights protection: 1)
the Carter, 2) ECHR and the Council of Europe, 3) human rights as a general principle, and 4)
national application of fundamental rights.

Lecture 4: The Principle of Proportionality (7 min)

Lecturer: Magnus Schmauch
Synopsis: The lecture begins with a brief discussion of compatibility assessment and the
balancing of national and EU law. Proportionality is introduced as the tool and method by which
such assessments are made. The lecture proceeds to covering the three steps of the
proportionality test, as laid out by the ECJ. The Dirextra case is used to illustrate the process.

Lecture 5: The Principle of Non-discrimination (9 min)

Lecturer: Eduardo Gill-Pedro
Synopsis: The lecture begins with a general introduction to discrimination, illustrated with simple
examples. Some examples of primary legislation (Art 18 & 157 TFEU as well as Art 21 of the
Charter) are mentioned, followed by a discussion of non-discrimination as a general principle.
The difference between direct and indirect discrimination is then covered, illustrated with simple
examples. The lecture puts emphasis on indirect discrimination, and also discusses justifications,
such as public order and health.

Lecture 6: The Principle of Legal Certainty (9 min)

Lecturer: Angelica Ericsson
Synopsis: How does EU law create legal certainty? The lecture focuses on uncertainty stemming
from dissonance between EU and national provisions. Primacy of EU law is covered as well as
the status of legal certainty as a general and fundamental principle. Legal certainty is also
discussed as a tool for interpretation and judicial review. The last third of the lecture discusses the
classic Defrenne case from 1976.

Module 4 – Enforcement of EU Law and Judicial Review

About the Module

The fourth module covers the enforcement of EU law and judicial review. In the previous
lectures, you have learned that the EU confers certain rights on individuals and companies and
that the EU has certain powers conferred to it by the Member States. This module examines the
essential questions of how you – as an individual or as a company – are able to enforce your
rights at a national level and how you can challenge a legislation through which the EU has acted
outside of its conferred powers.
Lectures

Lecture 1: Introduction (2 min)

Lecturer: Annegret Engel
Synopsis: This lecture introduces the topic of the module; enforcement of EU law and judicial
review, and why these mechanisms are important.

Lecture 2: Enforcement of EU Rights at National Level (6 min)

Lecturer: Annegret Engel
Synopsis: The focus of this lecture is the enforcement of EU rights at national level. In the
lecture, Annegret Engel answers the question of how an individual or company can rely on rights
granted by EU legislation. Concepts such as the principle of sincere cooperation, direct effect,
indirect effect and state liability are discussed.

Lecture 3: Challenging an EU Act (5 min)

Lecturer: Annegret Engel
Synopsis: This lecture focuses on how to challenge a piece of inadequate legislation at EU level.
The lecture begins by explaining the most important provision in this matter, Article 263 TFEU,
followed by another possibility called the non-contractual liability, which can be found under
Article 340 TFEU.

Module 5 – The Economic Freedoms

About the Module

The fifth Module will deal with the economic freedoms, the free of movement of capital,
services, goods, persons and the freedom of establishment. These economic freedoms are at the
very heart of EU Law and crucial to understanding the law from a business perspective. Please note
that this module contains a peer graded assignment in addition to the quiz.

Lectures

Lecture 1: Internal Market – The Four Freedoms (5 min)

Lecturer: Annegret Engel
Synopsis: The lecture gives a brief introduction to the four economic freedoms and the European
Internal Market. The lecturer explains how the development of the Internal Market can be
divided into different stages of economic integration. The meaning of positive integration,
negative integration and harmonization are discussed.

Lecture 2: Free Movement of Goods (12 min)

Lecturer: Julian Nowag
Synopsis: The lecture focuses on the free movement of goods, both in relation to primary and
secondary legislation. The lecturer talks about the prohibition of custom duties and charges
having equivalent effect, EU standards and EU rules applicable in cases where no EU standards
exist.

Lecture 2: Free Movement of Persons (11 min)

Lecturer: Julian Nowag
Synopsis: The lecture covers some of the primary and secondary legal framework relating to the
free movement of labour and persons. It discusses the non-discrimination principle contained in
article 18 TFEU, as well as articles 45-48 TFEU, which cover the free-movement of workers.
The lecture continues to examine the rights of workers, including their right to move freely and
stay in a member state for the purpose of employment. It also considers some of the restrictions
posed on these rights. Finally, it looks into some of the rights of EU citizens, which they hold by
virtue of their EU citizenship. More specifically, it considers the free-movement and the right of
residency under the Citizen Directive.

Lecture 3: Freedom of Establishment (11 min)

Lecturer: Julian Nowag
Synopsis: The lecture begins by explaining that while the freedom of establishment and the
freedom to provide services often go hand in hand, it is important to distinguish the two. By
doing so we can determine whether or not to apply articles 49-55 TFEU related to the freedom
to set up a company. The lecture continues to examine the EU court’s broad application of the
freedom of establishment. Through case law it clarifies what the freedom of establishment
actually entails and possible situations when it is applicable. Finally, the lecture looks into the EU
court’s requirements and measures that restrict the freedom of establishment.

Lecture 4: Free Movement of Services (8 min)

Lecturer: Julian Nowag
Synopsis: The lecture is paragraph dense and covers articles 56 to 62 TFEU in some detail. The
articles form the basis of the lecture, and the provisions are explained in some detail. The lecturer
talks about the objectives of free movement of services and the difference to the freedom of
establishment, the most important EU directive in this area, about the general rules under
freedom to provide services.

Lecture 5: Free Movement of Capital (9 min)

Lecturer: Julian Nowag
Synopsis: The lecture focuses on the objective of the free movement of capital and a difference
to other freedoms, the development of the most important EU rules on the area and the general
EU rules on the free movement of capital. The lecture explains the scope of articles 63 and 66
TFEU.
Module 6 – The External Dimension
About the Module

The sixth and last module will deal with the legal framework of the common European foreign
policy. This is a complex field where the policies of the individual Member States and the EU
overlap and interact. The external dimension is important to understand for anyone considering
international trade or relations with the EU.

Lectures

Lecture 1: Principles and Institutional Setup (12 min)

Lecturer: Magnus Schmauch
Synopsis: The lecture focuses on the institutional setup of the external dimension, and begins by
introducing the concepts of primary and secondary law as they relate to the external dimensions
of the EU. The division of competence is discussed, followed by a review of the seven main EU
institutions and players and their respective role relating to foreign policy. Articles 288 and 216
TFEU and the general competence of the EU to conclude international agreements are covered.
Lastly, the procedure as laid down by Article 218 TFEU is discussed.

Lecture 2: Fields of the External Dimension, Part I (7 min)

Lecturer: Magnus Schmauch
Synopsis: The three lectures on the fields of the external dimension provide a thorough overview
of the six fields in the external dimension of EU Law. This first lecture will focus on the
Common commercial policy.

Lecture 3: Fields of the External Dimension, Part II (5 min)

Lecturer: Magnus Schmauch
Synopsis: This second lecture on the fields of the external dimension will deal with Foreign and
Security Policy as well as Security and Defence Policy.

Lecture 4: Fields of the External Dimension, Part III (5 min)

Lecturer: Magnus Schmauch
Synopsis: Finally, the last lecture on the Fields of the External Dimension the Energy Market and
Freedom, Security and Justice.

Lecture 5: The EEA Agreement (14 min)

Lecturer: Magnus Schmauch
Synopsis: The lecture covers the particular field of the EEA Agreement. First a brief review of
the history of the agreement is given, followed by a discussion on the areas covered by the EEA,
i.e. freedom of movement and rules of competition, including state aid. The institutional
structure of the agreement is discussed. Then the practical workings of the EEA are reviewed,
discussing the basic principles of homogeneity and reciprocity, followed by the relationship
between the EFTA Court and the ECJ.
Lecture 6: International Trade Agreements (8 min)
Lecturer: Annegret Engel
Synopsis: The lecture discusses on international agreements concluded by the EU and the
problems and controversy surrounding them. The lecturer focuses on the TTIP agreement, the
CETA agreement and how an agreement succeeds or fails.