Business Organizations, the EU internal market, and the Law

Course focus and approach:

The course is aimed to explore the way the EU internal market law is shaping, and is due to shape, the structure and the activity of corporations in the market. Specific attention will be paid to different regulatory interventions connected with environmental and social purposes, fairness of transactions, and the promotion of competition in digital environments.

Course description:

Starting from constitutional issues concerning the legal foundations of the EU internal market, the course will consider some relevant questions related to specific areas of the Law that impact on business organizations structure and performance. On the one hand, connected with freedom of establishment and taking into account new trends regarding the pervasive effects of ESG purposes on distribution networks and corporate governance. On the other hand, related to the way business organizations are due to develop their commercial practices in the market, as required by a general principle of fairness. Particular attention will be paid additionally to relevant issues referred to existence of competition, looking at the particularities of the digital markets. Finally it will considered the frame enacted at EU level for the restructuring of business organizations facing insolvency.

Learning objectives:
1.- Develop analytical skills related to the politics and economics of the EU internal market.
2.- Understand the role of Law and different regulatory purposes that orient the EU intervention in the market.
3.- Identification of relevant elements of the EU institutional architecture and their impact on the functioning of the EU internal market.
4.-Understand the role of Company Law for the functioning of the internal market.
5.- Understand the implication of the protection of consumers for the functioning of the internal market.
6.-Understand the role that Competition Law plays for the existence of a single market.
7.-Understand how contractual fairness can contribute to achieve equitable markets within the EU.