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   Course Title    European Union Business Law
Lecturer    Carmen-Tamara Ungureanu
Institution    Iasi A.I.Cuza University
Country    Romania


  1. Place of the course within the curricula

  2. Structure of the course

  3. Content of the seminars

 

I.Place of the course within the curriculum

E.U. Business Law is designed to be an optional (non-mandatory) course, for 4th year law students. It is taught during the fall semester which lasts about 11 or 12 weeks. That means 2 hours of lecture and 1 hour of seminar, weekly.

As a consequence of ECTS (European Credit Transfer System), which functions in "Al. I. Cuza" University, 3 credits were allocated for the E.U. Business Law course.

II.Structure of the course

The course covers only that part of E.U. Business Law, which is related to Private International Law and especially to International Business Law. It is well known that each state has its own system of Private International Law and International Business Law, even if they are called "international" disciplines. There is no "above-national" system available and applicable for every state. The E.U. makes no exception of this rule. The member states have particular rules on these fields. That does not mean that the E.U. Business Law course will deal with each states laws (that would be comparative business law).

Considering the fact that the member states signed international conventions, which provide uniform rules, the course covers those aspects. More precisely, it treats conflicts of laws and jurisdictions in the framework of Private International Law with a special emphasis on companies and commercial contracts.

The structure of the course is the following:

1.E.U.-short history and background

  1. Single European Act 1986

  2. Maastricht Treaty 1992

  3. Amsterdam Treaty 1997

  4. Institutins of E.U.

2.E.U. Law

  1. Sources of E.U. Law
    -primary sources
    -secondary sources
    -interpretations given by the European Court of Justice

  2. Effects of E.U. Law

  3. Relationship between E.U. Law and E.U. Business Law

  4. Community Acts on jurisdiction and conflicts of laws related to E.U.

  5. Business Law

3.Relationship between E.U. Business Law and Romanian Business

Law: Association Agreements settled by Romania and E.U. and its member states (1993)

4. Harmonization of company laws in E.U.

  1. Directives concerning this goal

  2. Influence of Association Agreements on company legislation in Romania

5.European Business Litigation

  1. Competent Jurisdiction:Brussels Convention (1968) on jurisdiction and the enforcement of judgements in civil and commercial matters
    -scope of the convention
    -competent jurisdiction
    -special jurisdiction
    -insurance, consumer contracts and exclusive jurisdiction
    -prorogation of jurisdiction
    -recognition and enforcement of judgements

  2. Applicable Law to contracts: Rome Convention (1980) on applicable law to contractual obligations
    -scope of the convention
    -applicable law
    -protection of consumers and employees
    -limitations on the applicable law

6. Introduction to E.U. Competition Law

  1. Combating restrictive practices and abuses of dominant position

  2. Merger control

  3. Control of state aid

7. Influence of E.U. Competition Law on Romanian Competition Law

  1. Council of Association-body created by Association Agreements

  2. Approximation of Romanian legislation to E.U. legislation:Law 21/1996 on commercial competition

  3. New Romanian rules on dumping and export subsidies

III.Content of the seminars

The seminars are based on essays written and presented by students. In the way in which during the courses the professor provides to students information on this particular subject within a continuous feed-back among them, the seminars presume a higher student participation. An active intervention of all participants under a direct professor supervising is possible.

The essay subjects do not cover the course structure. They are related to it in a different way, having the aim of approaching several "poor lightened" areas. There are 2 main domains; this fall semester the essay subjects were:

A. The E.U.-general view

  1. E.U. Justice

  2. E.U. relationship with other states (including Romania)

  3. Free movement of goods and services within the E.U.; aspects related to the Romanian policy in this sector

  4. Free movement of capitals within E.U.; consequences on Romanian capital market

  5. Free movement of persons within E.U.; status of Romanian citizens in E.U.

B. E.U. Business Law-aspects related especially to Private International Law

  1. State Jurisdiction and Arbitration; Arbitration in Business Law

  2. Conflicts of laws ; lex contractus

  3. Lex contractus-lex mercatoria

  4. Contracts for sale and supply of goods

  5. E.U. Consumer Law



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