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Module 2: BUSINESS LAW AND THE EU INTEGRATION (short description of subjects)


COMPETITION LAW AND POLICY OF THE EU
 
syllabus

Competition law is one of the pillars on which the EU has been built. It has been regarded and treated as a paramount instrument in creating and strengthening single European market. The course will center on theoretical and practical issues of EU Competition policy and will try to juxtapose those issues and policies with those adopted (and needed) in Serbia. It will provide not only an overview of EU legislation, institutions and case law in this area, but will also try to pinpoint problematic areas, disputable rulings of the relevant European courts and map possible future developments.

The course will deal with horizontal and vertical restrictive practices, mergers and acquisitions, institutional issues and the state aid.

It is expected that the course would best serve those who intend to work in competition authorities, law offices dealing with competition issues and corporate in-house lawyers who work (or intend to work) in companies of substantial size - substantial enough to attract attention of competition authorities.


COMPANY LAW OF THE EU
 syllabus

This course focuses on theoretical and practical issues related to the status of business entities, their organization and liability, as well as division of powers, and interest groups within their structure.

The Company Law of the EU deals with regulations concerning particularities of the private associations of the legal subjects and their capital, with the purpose of attaining certain common (and, indirectly private) interests on this ground. As such, it represents the integral part of the European Law, and one of its most important segments. Its introduction and application is of great significance for the harmonization of domestic regulations, as well as the creation of the unified standards for conducting business activities in the European market.

The teaching initially focuses on the Company Law harmonization process whilst also developing a wider contextual understanding of difference between EU member states and issues associated with good corporate governance. The course then goes on to explore comparative corporate governance within the EU and the possible outlook for EU Company Law.

The course will prepare the students for working as company (corporate) lawyers, especially in international environment. Besides, after completion of this course, the students will have sufficient knowledge and skills to work as consultants for domestic enterprises aiming to expand their business activities to EU countries or to invest there.


EU TAX LAW
syllabus

The EU tax framework has contributed to avoid large fiscal imbalances in EU Member States, as well as to the establishment of macroeconomic stability at the single market. The main intention of this course is to elaborate ways how the EU has been attempting to minimize differences in the national tax legislations in last past decades and how much it has been successful in this process. The legal and economic background to taxation in the European Union in terms of both EU and national policy is explored in the course. Students are introduced with the tax measures already taken at the Community level, their legal basis, the proposals for Community action in the area of taxation currently under discussion within the Council, as well as the Community policy towards indirect and, especially, direct tax harmonization. Not only the recent achievements in establishing the Internal Market without tax obstacles are assessed, but also ongoing initiatives and further challenges. The course presents basic principles of EU Tax Law and students are given an insight into EU tax policy. The course covers European tax harmonization policies both referring indirect and direct taxes. This course also serves the purpose of giving an overview of the legal decisions of the European Court of Justice on tax issues. The course highlights the connections between national sovereignty and "Europeanization", as well as between the subsidiarity principle and the increasing need for the EU-wide coordination.


EU INTELLECTUAL PROPERTY LAW
syllabus

There can be no extensive area of law which has been more affected by the impact of Europe than that of Intellectual Property. Teaching of substantive EU law would be incomplete without a course dealing with Intellectual Property rights. Therefore, Intellectual Property Law should be understood as an important part of the regulation of the Internal Market. Consequently, this course inter-relates with other proposed courses dealing with the Internal Market and especially "The fundamental freedoms of the EU", "Competition law and policy of the EU" and "Company law of the EU".

The course will start by presenting inter-relation of Intellectual Property Law with other branches of EU Law, in particular EU Substantive Law (Four freedoms - Internal Market) and EU Competition Law. In the second, third and fourth part of the course professors will analyse the most important aspects of Industrial Property Law. A special attention will be given to the Regulation on the Community Trade Mark, being one of the greatest achievements of the European integrations in the field of IP Law. The fifth part of the course will concentrate on Copyright and neighbouring