• Course title: Course 1 – Integration of Legal Orders
• Number of ECTS: 5
• Course code: MADE_EBL-1
• Module(s): Module 1 – European Legal Integration in the Field of Business Law
• Language: EN
• Mandatory: Yes

1. Judicial Protection

Be able to readily identify the procedure to be followed, in order to obtain a remedy in all possible situations, at EU level. Develop a practical approach to litigation, at EU level.

 

2. Implementation of EU Law and Interaction of Legal Orders

Understand the Europeanisation of national procedural law

Comment and critically present the normative interactions and the implementation requirements in the EU and national legal orders.

 

3. Methodology of Legal Research and Methods of Legal Integration

Understand the Principles of EU Legal Integration: Students will be able to explain the foundational principles and theories underlying legal integration within the European Union.

Analyze Key EU Legal Instruments: Students will demonstrate the ability to analyze and critically assess the role of EU treaties, regulations, directives, and decisions in the process of legal integration.

Critically Assess the Challenges of Legal Integration: Students will be able to identify and discuss the challenges and limitations of legal integration in the EU, including issues related to sovereignty, compliance, and enforcement.

Research and Use EU Legal Resources: Students will acquire the ability to effectively use EU legal databases and research tools to locate, read, and understand primary and secondary sources of EU law.

1. Judicial ProtectionThe seminar will proceed with an articulate presentation of the various types of procedures before the General Court and the Court of justice. For each procedure, examples will be provided – the idea being to allow students to immediately determine how and where they must act where and when they want to defend peculiar interests. The Focus will be placed on reading judgments by the two courts. Methods will be taught, to allow for a quick and efficient analysis of the cases provided. The list of cases to be analysed will be placed on Moodle.  2. Implementation of EU Law and Interaction of Legal OrdersThe seminar Implementation of EU Law and Interaction of Legal orders deals with the status of EU law in the national legal order (principles of primacy, loyal cooperation and proportionality) and with the impact of EU law on the national procedural autonomy (obligations of the domestic courts with regard to the judicial independence, effectiveness and effective judicial protection).  3. Methodology of Legal Research and Methods of Legal IntegrationThe course will develop in three parts: in the first lecture, it will provide a general introduction to the topic of harmonization of laws. Regard will be had, first of all, to the division of competences between the Union and its Member States. Next, the lecture will examine the legal bases and the limits underlying the EU legislature’s powers to harmonize national laws. Finally, attention will be paid to the rationale of harmonization in the context of the EU internal market and the balancing exercise between trade liberalization and non-market values underlying harmonization instruments.The second lecture will provide an in-depth analysis of the four main harmonization models: comprehensive, minimum, partial, and optional harmonization. Regard will be had to the purpose and distinguishing features of each model, which will be illustrated via examples drawn from the ECJ case-law. The final lecture of this course will provide a case-study for contents outlined in the previous lecture: the Audiovisual Media Services (AVMS) Directive. That directive is a ‘composite’ harmonization instrument, as it contains instances of four different harmonization models. Each model will be illustrated having regard to specific provision of the AVMS Directive, as interpreted by the ECJ.In the second part of the course, we will focus on methodology, with a particular emphasis on research in EU law. Students will be introduced to key research techniques, including the reading and analysis of European Court cases, as well as the effective use of legal databases

• Course title: Course 2 – Business Law in the Case Law of European Courts
• Number of ECTS: 5
• Course code: MADE_EBL-2
• Module(s): Module 1 – European Legal Integration in the Field of Business Law
• Language: EN
• Mandatory: Yes

1. The General Court’s ApproachThe course on the approach of the General Court seeks to highlight that deciding on cases requires interpreting legal provisions whereby conflicted parties in pending cases often advocate for opposing interpretations of the same provision. A judicial choice on the appropriate interpretation has consequences in the real world (here and now) and entails a balancing of diverging policies which are engrained in the Treaties and legislation e.g. undistorted competition, consumer protection, environmental protection, access to documents, protection of commercial secrets, fundamental rights. The module pays special attention to explaining how the balance between business interests and other competing aims and values is struck in the jurisprudence of the General Court by examining various fields of EU law.The course is structured into five units: Introduction to the General Court; Access to the General Court; Economic fields of EU law affecting business; Non-economic fields of law affecting business; Global effects of the General Court’s jurisprudence.  2. The CJEU’s ApproachThe course covers the development of the case law of the Court of Justice of the European Union relating to the internal market, focusing specifically on the free movement of goods. The course aims at showing how the Union has created an internal market out of diverse national markets and the fundamental role played by the CJEU in this context, from the early days of the EEC, until nowadays. During the classes, the students will analyse and discuss several fundamental judgements of the CJEU relating to the development of the internal market. The course will expose the students to the most important case law in this area of EU law and will give them an understanding of the laws and policies that regulate the internal market of European Union, analysed from the perspective of the CJEU.  3. The CEDH’s ApproachThe course, in two parts, will cover some or all of the following areas:The context in which the ECHR works (an international Court, 47 High Contracting Parties, individual and inter-state claims).Business law and human rights, in general: framework and the impact of some business activities vis-à-vis human rights (energies, consumer goods, telecommunications, tourism; environment.ECHR case-law related to business activities: doctrine of negative and positive obligations, of substantive and procedural obligations).The UN context: business and human rights on the basis of the United Nations instruments (in particular, the UNGP).Environmental cases in both the UN and the ECHR perspective.

Be familiar with the general approaches to the study of European law and legal reasoning;Demonstrate the ability to identify and understand key concepts in European law (EU and ECDH);Have the ability to write a competent legal analysis;Demonstrate the ability to conduct legal research.

• Course title: Moot Court
• Number of ECTS: 5
• Course code: MADE4TC
• Module(s): Module 1 – European Legal Integration in the Field of Business Law
• Language: FR
• Mandatory: No

• Course title: Course 1 – Regulated Contracts
• Number of ECTS: 5
• Course code: MADE_EBL-28
• Module(s): Module 2 – Economic Law
• Language: EN
• Mandatory: Yes

• Course title: Course 2 – Intellectual Property Law
• Number of ECTS: 5
• Course code: MADE_EBL-29
• Module(s): Module 2 – Economic Law
• Language:
• Mandatory: Yes

• Course title: Moot Court
• Number of ECTS: 5
• Course code: MADE4TC
• Module(s): Module 2 – Economic Law
• Language: FR
• Mandatory: No

• Course title: Course 1 – Commercial Law
• Number of ECTS: 5
• Course code: MADE_EBL-30
• Module(s): Module 3 – Cross-border Business
• Language: EN
• Mandatory: No

• Course title: Course 2 – Digital Single Market
• Number of ECTS: 5
• Course code: MADE_EBL-31
• Module(s): Module 3 – Cross-border Business
• Language: EN
• Mandatory: Yes

• Course title: Clinique du Droit – Consumer Law Clinic
• Number of ECTS: 7
• Course code: MADE_EBL-32
• Module(s): Module 3 – Cross-border Business
• Language: FR, EN
• Mandatory: No

• Course title: Moot Court
• Number of ECTS: 5
• Course code: MADE4TC
• Module(s): Module 3 – Cross-border Business
• Language: FR
• Mandatory: No

• Course title: Company Law
• Number of ECTS: 5
• Course code: MADE_EBL-10
• Module(s): Module 4 – Legal Aspects of Entrepreneurship
• Language: EN
• Mandatory: Yes

• Course title: International Procedural Aspects of Business Law
• Number of ECTS: 5
• Course code: MADE_EBL-11
• Module(s): Module 5 – International Business Law
• Language: EN
• Mandatory: Yes

• Course title: Master Thesis
• Number of ECTS: 10
• Course code: MADE_EBL-24
• Module(s): Module 6 – Clinique du Droit / Master Thesis / Internship
• Language: EN, FR
• Mandatory: No

• Course title: Clinique du Droit
• Number of ECTS: 10
• Course code: MADE_EBL-23
• Module(s): Module 6 – Clinique du Droit / Master Thesis / Internship
• Language: EN, FR
• Mandatory: No