European Business Regulation
This course examines the legal basis of the "level playing field" of the internal market of the European Community, covering Community competence over the internal market, harmonisation in the field of free movement of goods, establishment and services, public procurement, and state aids. The techniques of harmonisation are examined and illustrated by reference to commercial and social directives and the European Court litigation which has resulted from their application. There is coverage, against the background of the treaty rules on the free movement of goods, persons or services, of harmonisation of laws in such areas as company law, European Economic Interest Groupings, legal services, product labelling, consumer protection, and public procurement.
The principal course objective is to enable students to acquire knowledge and understanding of the law in relation to the above subject matter, and to be able to discuss critically at an advanced level the legal and policy issues arising therefrom.
Teaching is likely to cover (1) Community competence to regulate business; (2) Free movement of goods and harmonisation of national rules on product composition, labelling etc; (3) Establishment and Services, in general, and for lawyers; the impact of the Treaty rules on establishment and capital movement on safeguards (such as golden shares) on the privatising of public sector undertakings; the rationale for company law harmonisation , with reference to the European Economic Interest Grouping, the European Company Statute, and the Takeover Bid Directive; (4) Public Procurement; (5) State Aids; (6) Consumer Policy.