JUS5440 – EU Substantive Law
Course description
Schedule, syllabus and examination date
Course content
This course is designed to provide students with a broad introduction to some of the key substantive policy areas of the European internal market. An understanding of the EU Internal Market will be developed by studying the evolution from a common market to an internal market and by focussing on two of its key components: the free movement of goods and the free movement of persons.
The free movement of goods is one of the ‘four freedoms’ of the European Union. The creation of an internal (often referred to as the single) market, which is one of the central tasks of the EU, is defined as ‘an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty’ (Article 26 TFEU). In order to achieve this, any obstacles to the free movement of goods, services, persons and capital, as between Member States must be abolished. In particular relation to goods, this necessarily involves the prohibition, as between Member States, of customs duties and quantitative restrictions on the import and export of goods, and all other measures having equivalent effect. In addition to creating an internal market where trade can flow freely and where there are no duties imposed on internal borders the EU has pronounced itself as a customs union where there is a common external customs tariff for goods (Article 28 TFEU). As a customs union, goods entering the EU from third states (ie non EU states) are subject to the same external tariff, irrespective of where they enter it. Once goods from third states have been subject to the appropriate duties upon crossing the external EU border, they are regarded as being in ‘free circulation’ and are to be treated like any other goods produced within the EU. Thus the EU has exclusive competence to negotiste trade agreements with non-EU states.
As far as the free movement of persons is concerned it comprises the right of workers, the self-employed and legal persons (ie companies) to move to another Member State and access the job market and take up residence there.. The liberalisation of cross-border services is also crucial to the success of the internal market. Additionally, and in order to remove disadvantages associated with exercising free movement rights, there are ‘ancilliary’ rights which range from the right of workers to move their family with them through to the right to receive social advantages under the same terms and conditions as host-state nationals. A raft of secondary legislation was adopted in the late sixties/early seventies explaining and expanding the scope of rights that attach to the free movement of worker provision. Particular attention is given to the impact of the creation of European Citizenship on some of these freedoms
Students need no former knowledge of EU Law before taking this course, but it may require some additional reading.
For students enrolled in Rettsvitenskap (jus) (master – 5 ?r): Have you considered a specialization as part of your degree? The course is part of the profile Komparativ rett and Marked, innovasjon og konkurranse
Learning outcome
See ‘Detailed course information’ regarding requirements and syllabus.
Admission
You may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.
All students are required meet the formal prerequistites.
Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.
When your admission is in order you must register for courses in StudentWeb
Prerequisites
Formal prerequisite knowledge
Students must fill one of these requirements:
- Passed 1st - 3rd year of the 5-years degree Master of Laws (Master i rettsvitenskap at UiO) (or exams that qualify for exemption for these) or
- Hold a 5-years Master’s degree in Laws (Master i rettsvitenskap at UiO) or equivalent.
Exemptions from the formal prerequisites will be given to students with admission to the faculty's own exchange or master’s degree programmes. This rule does not apply to students with admission to other master’s degree programmes at the University of Oslo, unless otherwise agreed.
Recommended previous knowledge
Three years of law studies.
Overlapping courses
- 10 credits overlap with JUR1440 – EU Substantive Law (BA)
- 10 credits overlap with VALECSUB – EC Substantive Law (discontinued)
- 10 credits overlap with JUTECSUB – EC Substantive Law (discontinued)
- 10 credits overlap with PILECSUB – EC Substantive Law (discontinued)
- 10 credits overlap with MARLECSUB – EC Substantive Law (discontinued)
- 6 credits overlap with JUROFF1410 – Folkerett
- 10 credits overlap with JUR5440 – EU Substantive Law (discontinued)
Teaching
Lectures/seminars.
Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.
Examination
In the spring semester 2022, the exam will be a 24 hour home exam, maximum 3000 words on master’s level and 2000 words on bachelor’s level.
Footnotes should be included in the word count of the main text. Not included in this count: front page (title etc.), summary, table of contents and references (bibliography). (If relevant for the paper).
Assignments/papers with text exceeding the word limit will not be accepted.
Examination support material
All support materials will be permitted throughout the exam.
Use of sources and rules for citing
The standard rules on cheating and plagiarism apply to assignments. This means that you must provide a reference whenever you draw upon another person’s ideas, words or research in your answer to the exam question(s). You cannot copy text directly from textbooks, journal articles, court judgments etc. without highlighting that the text is copied.
Thus, pieces of text quoted verbatim from these and other sources must be italicised or otherwise highlighted so that it is obvious that the pieces of text are quotes.
Example of highlighting in a text:
"Laurent Bailay and Bernard Van der Lande propose to define a mobile payment as a “payment for products or services between two parties for which a mobile device, such as a mobile phone, plays a key role in the realization of the payment”. (European Commission, GREEN PAPER Towards an integrated European market for card, internet and mobile payments, page 5)"
Failure to cite sources or highlight quotes in your exam answer may be considered as evidence of cheating.
Language of examination
The examination text is given in English, and you submit your response in English.
Grading scale
Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.
Marking criteria
This guide is used by examiners for grading this course.
Explanations and appeals
Resit an examination
- Illness at exams / postponed exams
- Resitting an examination.
- There are special rules for resitting a passed examination in the master's programme in Law.
Withdrawal from an examination
It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.
There are special rules for resitting a passed examination in the master's programme in Law.
Special examination arrangements
Application form, deadline and requirements for special examination arrangements.
Evaluation
The course is subject to continuous evaluation. At regular intervals we also ask students to participate in a more comprehensive evaluation.
Other
The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.
This subject is taught at Master's level. The subject is also taught at Bachelor's level (10 ECTS credits), see JUR1440 – EU Substantive Law (BA).
Please see the chapter above, regarding overlap. For instances of overlap, credits will be deducted on the subject at Bachelors's level.