Università Roma Tre

THE COURSE FOCUSES, FIRSTLY, ON THE CONCEPT OF ADMINISTRATIVE LAW WITHIN THE EUROPEAN UNION. SECONDLY THE COURSE FOCUSES ON THE WAYS IN WHICH THE EUROPEAN COURTS DEFINE AND DELIMITATE THE SPHERES OF THE MARKET AND STATE AND HOW THEY INTERPRET THE RELATIONSHIP BETWEEN THESE TWO CATEGORIES. IN PARTICULAR, THE COURSE DEALS WITH THE RULES WHICH CONSTITUTE THE EUROPEAN ECONOMIC CONSTITUTION (FREE MOVEMENT, COMPETITION, PUBLIC PROCUREMENT) AND THE DEROGATION TO THEIR APPLICATION (SERVICES OF GENERAL ECONOMIC INTEREST, PUBLIC INTEREST JUSTIFICATIONS). SPECIFIC INTEREST IS THEN PAID ON HOW THE INTERPRETATION AND THE APPLICATION OF THE EUROPEAN ECONOMIC CONSTITUTION HAVE AFFECTED THE INTERNAL ADMINISTRATIVE LAW OF MEMBER STATES, IN REGARD TO THE CONCEPT OF PUBLIC SERVICE OR PUBLIC UNDERTAKING AND MORE IN GENERAL TO THE ACTIVITY OF NATIONAL ADMINISTRATIONS AND THE PROTECTION OF EUROPEAN CITIZENS AGAINST THEIR UNLAWFUL DECISIONS.

A selection of readings from various sources will be used, including:

Several decisions of the European Courts

Schwarze J., European administrative law in the light of the Treaty of Lisbon, in European Public law, 2012, 285.

Sauter W. and Schepel H., State and market in European Union Law, Cambridge University Press, 2009;

Craig, P., EU Administrative Law, Oxford University Press, Oxford, 2006