This six-week course titled Doing Business in Europe is the second in a series of three exploring some of the main business aspects of European Union law. Besides providing learners with a sound knowledge base of European laws and regulations relevant to establishing and managing a company within the European Union, the course also explores business considerations within a broader perspective by including inputs from leading law practitioners in the field.
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More specifically, the course discusses strategic and financial considerations within Company law, as well as Labour law issues such as restructuring enterprises, working conditions and handling crises situations. The course also examines other legal areas such as Tax law, Environmental law and Private International law, and how they tie in to doing business in Europe.
At the end of this course, you will have a basic understanding of how to:
· Understand the relevant regulations governing the internal European Union market
· Establish and run a company within the European Union
· Employ staff and recognize workers’ rights and obligations
· Comply with tax regulations and environmental standards
· Set up agreements and resolve cross-border disputes
· Successfully analyse EU case law and draft case reports
Syllabus and Format
Each course consists of a number of modules where one module represents about one week of work. A module includes a number of lectures and readings, and finishes with an assessment – a quiz or a peer graded assignment. The assessments are intended to encourage learning and ensure that you understand the material of the course. Participating in forum discussions is voluntary.
Course I - Understanding the Fundamentals
Module 1. Introduction
Module 2. Legal Method and Sources
Module 3. Constitutional Freedoms and Fundamental principles
Module 4. Freedom of Movement
Module 5. The External Dimension
Course II - Doing Business in Europe
Module 1. Making Business Transactions
Module 2. Establishing a Company
Module 3. Employing and Working in Europe
Module 4. Paying Taxes and Complying with Environmental Standards
Module 5. Case Clinic
Module 6. Resolving Cross-border Disputes
Course III - Competing in Europe
Module 1. Trademarks as essential Assets
Module 2. Defending Patents
Module 3. Competition: Illegal Agreements
Module 4. Competition: Abuse of Dominance and Mergers
Module 5. Legal Writing and Argumentation
Module 6. Selling to the State and State Aid
Syllabus
WEEK 1
Making Business Transactions
The first module examines general business considerations as well as specific legal areas that are relevant when establishing and managing a company. It examines the complexities that arise when contracts have international components and the benefits of collaborating with middlemen. It concludes by considering contracts of transportation and its relationship with sale contracts.
WEEK 2
Establishing a Company
The second module examines the foundations of company theory and the agency theory. It looks into the distinction between a company’s internal/external relations, as well as public/private corporations. Finally, the module examines the harmonisation of company law on a EU level, including company law directives as well as the effect of the free-movement/establishment provisions on national company laws.
WEEK 3
Employing and Working in Europe
The third module places Labour law within a wider EU framework. It explores the important relationship between the internal market, the fundamental freedoms and national Labour law regulations. It focuses on the freedom to provide services, the freedom of establishment and the right to collective action. It also goes into further detail about how Labour law regulates employment rights and Equality law.
WEEK 4
Paying Taxes and Complying with Environmental Standards
The fourth module covers Tax and Environmental law issues within the framework of doing business in Europe. It describes the EU law principles on the area of tax and the conditions that need to be fulfilled by national taxation measures to comply with EU law. The module includes a final lecture on Environmental law and how its provisions depending on the situation might both create barriers to trade and/or enhance economic prosperity.
WEEK 5
Case Clinic
The Case Clinic will equip learners with the necessary skills to read and understand case law, and in particular the case law of the European Union. It will present techniques on how to read cases and the most commonly used format to write case reports. The module will develop the learners’ analytical and drafting skills, requesting them to analyze a case and draft a summary. The module concludes with a voluntary peer-graded assignment in the form of a case report.
WEEK 6
Resolving Cross-border Disputes
The sixth module discusses how Private International law considerations are necessary for the proper functioning of the internal market. It also examines the legal basis of EU’s legislative competence regarding Private International law. Business relationships and disputes often have international implications. Therefore, the module examines how to determine which country’s legal system is applicable and the regulations guarding procedural situations that have an international character.
