Sheet1201420132012201120092008200720062005200420032002internal marketShould the law of the EU's internal market be made more coherent? If so, how could this be achieved?Are the FM rules and legislative harmonisation complementary or competing ways to complete the EU's internal market?What is needed to complete the EU's internal market?***Does the ECJ's interpretation of TFEU which concerns the IM go too far in restricting the regulatory autonomy of the MS?Is minimum or maximum harmo more suitable to achieve the objectives of the EU?Art 3(m)EC provides that the activities of the EC shall include "the strengthening of the competitiveness of EC industry". To what extent is this objective reflected in the interpretation by the ECJ of the fund.freedoms, and in the adoption of legislature?enforcement[quote]: What measures, general or sector-specific, would you advocate in order to improve law enforcement in the IM?[quote about MS enforcement of EU rules]: What steps are being taken to tackle these problems? What more might usefully be done? In your answer you may draw on as many areas of the law of the IM as you wish.The methods for securing the enforcement of the EU's rules fail to create sufficient incentives to deter violation of those rules. They simply have to be made tougher." Discuss in relation to either the state aid rules or the PP rules.freedom of establishment & FM of capitalIf the TEU prohibits all national measures which hinder or make less attractive the exercise of the RoE, why is company law harmonisation necessary?TEU refers to a 'highly competitive social market economy' (Art 3(3) TEU). To what extent might this endorsement of a EU based on a high degree of competitiveness explain the approach of the COM and the Court to the abolition of restrictions on corporate establishment and capital movement?Which has made a more significant contribution to facilitating cross-border corporate mobility: company law harmonisation or the case law of the ECJ on corporate establishment?To what extent should the LSD and the LED be regarded as a model which provides the right balance between ensuring cons. protection and facilitating c-b prof. activities? Are the signs that this model is influencing EU rules on the c-b exercise of other prof. activities to be welcomed or not?To what extent does permitting the practice of prof.activities in MS under home-country prof. title provide an acceptable alternative to MR of prof.qualifications under the 'general system' referred to in DIR 2005/36/EC?

EU private law[quote]: Is such a comprehensive and self-standing instrument necessary for the completion of the EU's internal market? Is the EU constitutionally competent to adopt such a comprehensive and self-standing instrument?Does the deepening of market integration in Europe make the development of common rules of private law more or less useful?Hondius: "It is usually alleged that consumers are better off with min. harmo. I would challenge this point Only when they know their rights, consumers can fully profit therefrom. In other words: full harmonisation may also benefit consumers."Does the EU possess legal competence to establish common rules of contract law throughout the EU? Should it establish such common rules?Do consumers and businesses need an EU contract law? If the EU institutions accept there is a need for EU legislation, which aspects of contract law should be harmonised?consumer lawThe scope and purpose of EU consumer law remains deeply controversial. Some writers claim that it is an aspect of the EU's social market economy. Other writers insist it is simply a means to complete the IM. And other criticise it as harmful paternalism.[quote]: Is there more to EU consumer policy than 'empowerment'? Should there be?[quote by Dani on the 'fractured European consumer']: To what extent do the ECJ decisions and the legislative acquis reveal different approaches to the protection of the consumer? Would it be helpful to mend any such 'fracture' between these approaches? To what extent is it correct to understand the provision of information as the guiding principle of EU consumer law and policy?[quote from COM Press Release on the proposed ConsRD 2008]: Do any new advantages which the ConsRD would bring to consumers justify adoption of the 'horizontal appropach' to this revision of the consumer acquis?state aidTo what extent does EU law establish a satisfactory separation between national measures that count as aid within the meaning of Art 107 and measures of general market regulation which escape the reach of that Article? How, if at all, do you think EU law's treatment of this matter could be improved?Does EU law governing state aids go far enough in protecting the competitive structure of the IM from distortion caused by MS policy choices?Quigley: "In order to establish whether the measure results in the grant of selective state aid, first, the objective pursued by the system must be established and second, all undertakings in a comparable legal and factual situation in the light of that objective must be identified and third, the tax treatment of all of those undertakings must be assessed. Differential treatment will give rise to a presumption of state aid unless it is justified by the nature or general scheme of the system."SA Action Plan 2005: "SA policy safeguards CPT in the IM and it is closely linked to many objectives of common interest, like SGEI, reg. & soc. cohesion, employment, R&D, environ.protection and the promotion of cult. diversity. It must contribute by itself and by reinforcing other policies to making Europe a more attractive place to invest and work, building up knowledge and innovation for growth and creating more and better jobs." How successfully does the current law on SA reflect and achieve these several objectives?Do the rulings of the ECJ in Altmark (+ subsequent cases) strike the right balance between the competence of nat. authorities & courts, and the competence of the COM under Art 86(2) EC?***[quote from AG Jacobs in PreussenElectra]: To what extent should the ECJ continue to insist that competitive advantages conferred on domestic undertakings be financed through State resources?generalTo what extent did the Treaty of Lisbon change the law of the EU's internal market?DIR 2005/29 (unfair B2C comm. practices): based on Art 114; 'legal requirements related to taste and decency' are excluded from harmonisation, due to cultural differences. Also, the core notion of 'unfairness': interpreted differently. Unification of each of the two?The COM is advised that the gov't of one MS is planning a programme of strengthened public health protection: all tobacco products marketed in plain packaging. The COM seeks your advice on whether a DIR requiring that all MS introduce such laws would be within the competence of the EU, and if so, whether it would comply with the principles of subs. and prop."Today, the acquis comm. comprises 1521 dirs and 976 regs related to the various policy areas. An action to deepen the iM is therefore unlikely to require a new wave of regs and dirs as it was the case with the 1985 White Paper."What has changed since 1985? And if action to deepen the single market is unlikely to require this new wave of legislation, then what is needed?Suppose the COM is considering a proposal for a Reg to harmonise nat. rules on the advertising and promotion of goods & services in shops and supermarkets. To what extent would such a Reg fall within the scope of the EU's legislative competence? To the extent that such a Reg would fall within the scope, would it be consistent with the principle of subsidiarity?moreIP law case study (Baya) + a case study on state aidHas the Cassis case-law, and the principle of 'conditional' mutual recognition, rendered it unnecessary in practice to harmonise the composition and specification of products which might be traded between MS?