This course examines the substantive rules by which European Union law governs public authorities, businesses, and private individuals. It covers areas beyond the internal market and competition law, which are the focus of a separate course.
Adopting a cross-cutting approach, the course combines elements of EU public and private law. Particular attention is paid to the interaction between EU legislation, national law, fundamental rights, and judicial enforcement. Rather than providing an exhaustive survey of EU legislation, the course aims to provide a sound understanding of the legal consequences of EU law in several legal fields (going beyond the French distinction between public and private law). Students will examine the Europeanisation of areas such as fundamental rights, regulation, competition, environmental law, digital law, consumer law and private enforcement.
The course also aims to provide a good understanding of EU law as a tool for resolving specific legal disputes.
- Enseignant éditeur: de la Rosa Stephane
Chapter 1 – The scope of EU substantial Law
Section 1 – EU substantial law and the distribution of competences
§1 EU substantial law among the main EU policies
A – Historical back ground
B – Internal market
C – Sectoral policies - Defining the legal bases in primary law
§2 Articulation between sectoral policies and the typology of competences
A – Exclusive competences
B – Shared competences and the subsidiarity test
C – Supplying and coordinating competences
[Team work n° 1] :Drafting a National Parliament opinion regarding a sensitive proposal of EU legislation, in relation with the principle of subsidiarity and the competences.
§3 The scope of harmonisation
A - Positive and negative integration
B - Minimum and maximum harmonisation
C - Directives and regulations as tools of substantive law
Section 2 – EU substantial law and the rule of law in the EU legal order
§1 Compliance vis à vis fundamental rights : the “EU is governed by the rule of law, meaning that neither its Member States nor its institutions are exempt from scrutiny to ensure that their actions comply with the fundamental constitutional charter, the Treaty”
A. The scope of the EU Charter on fundamental rights
B. The function of the EU Charter on fundamental rights
1 – Assessing the validity of EU acts related to substantial policies
2 – A standard of interpretation
[Team work 2]: Drafting a (short) request for a preliminary ruling, in a case involving the compatibility of a national regulation applying to media activities regarding the EU Charter on fundamental rights (and more specifically the right to conduct a business)
§2 Compliance vis à vis the values enriched at art. 2 TUE
A – Scope of the values
B – Legal functions of the values
See : CJUE, 21.4.2026, Commission c. Hongrie, aff. C-769/22 (valeurs)
[Team work 3] Drafting a (short) reasoned opinion (“avis motive”) in a context where the European Commission refers a matter to the Court of Justice of the European Union to establish that a Member State has failed to comply with the values referred to in Article 2 TEU.
Chapter 2 — EU substantive Law and the Europeanization of Private Law
Section 1 — EU contract law and the consumer
§1 The substantial EU legal framework for consumers
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market
Directive 2011/83/EU of 25 October 2011 on consumer rights
Directive (EU) 2019/771 of 20 May 2019 on certain aspects concerning contracts for the sale of goods
Directive (EU) 2019/770 of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services
[Team work n° 4] - You are a junior lawyer working for a European consumer protection organisation. Your client has received a complaint about the following online retailer, FashionNow.eu, with this webpage – You have to deliver a legal opinion on the potential breach regarding EU consumer law.
§2 – EU law liability
Directive (EU) 2024/2853 of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC.
Directive 2001/95/EC of 3 December 2001 concerning general product safety.
Regulation (EU) 2019/1020 on market surveillance and compliance of products
Regulation (EU) 2024/1689 – Artificial Intelligence Act.
[Team work n° 5] – AI and liability regarding EU law. Write a memorandum on the law applicable to a liability claim, based on European law – in a situation where a damage has been produced by a tool using AI (see below)
Section 2 - EU legal framework and companies
Directive (EU) 2017/1132 relating to certain aspects of company law
Directive (EU) 2019/2121 Directive (EU) 2019/2121 as regards cross-border conversions, mergers and divisions Cross-border restructuring and mobility of companies
Directive 2007/36/EC Directive 2007/36/EC on the exercise of certain rights of shareholders in listed companies
Chapter 3 – EU substantial law facing new issues and topics
Section 1 – EU law and digital issues
§1 The main legal framework
Regulation (EU) 2016/679 – General Data Protection Regulation
Regulation (EU) 2022/2065 – Digital Services Act
Regulation (EU) 2022/1925 – Digital Markets Act
Regulation (EU) 2024/1689 – Artificial Intelligence Act
Regulation (EU) 2023/2854 – Data Act
§2 The new regulatory issues
A – Regulating the size of the operators
B – Regulating the activities of the platform and ensuring pluralism
[Team work n° 6] - Designating a gatekeeper under the DMA. You are a case handler at the European Commission. The Commission has received a notification from TravelConnect Ltd, a large digital company operating an online travel platform in the European Union. Based on the information available to the Commission, you must prepare a draft decision designating TravelConnect as a gatekeeper under Article 3 of the Digital Markets Act.
Section 2 – Issues relating to the cross-cutting nature of environmental issues in EU law
§1 An encompassing strategy : The Green Deal
A – Origin and diversity of fields under the Green Deal
B – Main relevant legal acts
Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality
Regulation (EU) 2023/956 establishing a Carbon Border Adjustment Mechanism
Directive (EU) 2022/2464 as regards corporate sustainability reporting (CRSD)
Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment (taxonomy)
Regulation (EU) 2024/1781 – Ecodesign for Sustainable Products Regulation (ESPR)
§2 The European Green Deal Under Pressure: Current Legal and Policy Challenges
[Team work 7] Write the (very short) draft of an omnibus proposal, aiming at reducing the (so called) constraints and administrative burden of the Green Deal
[Team work 8] Write a political memo from an NGO or a coalition of shareholders aiming at defending and safeguarding the Green Deal.
Droit institutionnel de l'UE (L2)
Connaissance suffisante de l'anglais
Examens sous la forme de groupes de travail autour de cas concrets:
Liste et contenu des exercices collectifs à réaliser - List and content of the team exercises to be carried out
Ø [Team work n° 1] :Drafting a National Parliament opinion
Draft a reasoned opinion on behalf of a fictional national parliament (e.g. Borduria), expressing reservations regarding the Commission’s legislative proposal, the ‘EU Kids Act’, in accordance with the principle of subsidiarity.
This proposal aims to establish a framework for the use of social media by children and young people (coming proposal).
You may wish to draw inspiration from the following model from the Czech Parliament: https://www.europarl.europa.eu/meetdocs/2024_2029/plmrep/COMMITTEES/JURI/NP/2025/07-16/1243587EN.pdf. If several groups are formed, you could also draft a supportive reasoned opinion in favour of the proposal. See, for example, the database: https://national-parliaments-opinions.ec.europa.eu/home_fr?lang=fr
Ø [Team work 2]: Drafting a (short) request for a preliminary ruling, in a case involving the compatibility of a national regulation applying to media activities regarding the EU Charter on fundamental rights (and more specifically the right to conduct a business, art. 16 of the Charter)
Drawing on the context of the Sky Osterreich judgment (CJEU, 22 January 2023, Sky Osterreich, Case C-283/11), and in light of the preliminary ruling currently sought by the Belgian Constitutional Court in a case involving Netflix (French version: https://juris.curia.europa.eu/juris/showPdf.jsf?text=%2522C-283%252F11%2522&docid=311945& pageIndex=0&doclang=FR&mode=req&dir=&occ=first&part=1&cid=12712853, English version: https://juris.curia.europa.eu/juris/showPdf.jsf?text=%2522C-283%252F11%2522&docid=311945&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=12712853 , drafting of a request (in English) for preliminary ruling in which a national court raises the question of whether a national levy scheme—which requires digital service providers to pay a levy to finance a fund intended to support cultural creation and media diversity—is compatible with EU law (and, more specifically, the freedom to conduct a business).
Ø [Team work 3] Drafting a (short) reasoned opinion (“avis motive”) in a context where the European Commission refers a matter to the Court of Justice of the European Union to establish that a Member State has failed to comply with the values referred to in Article 2 TEU.
Drawing inspiration from the recent case of Commission v Hungary, in which the Court found an independent breach of Article 2 in relation to the existence of an anti-LGBT law when hearing an action for failure to fulfil obligations brought by the Commission, draft a reasoned opinion (in English) from the Commission. In this opinion, consider referring a matter to the Court concerning a law of a Member State (of your choice) which discriminates against certain groups of people, stigmatises a minority, or infringes pluralism, for a breach of Article 2 TEU.
Ø [Team work n° 4]- You are a junior lawyer working for a European consumer protection organisation. Your client has received a complaint about the following online retailer, FashionNow.eu, with this webpage – You have ro deliver a legal opinion on the potential breach regarding EU consumer law.
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Ø [Team work n° 5]: AI and liability regarding EU law. Write a memorandum on the law applicable to a liability claim, based on European law – in a situation where a damage has been produced by a tool using AI (see below)
SMARTCOOK X1 – THE SMART AIR FRYER
Cook smarter. Cook safer.
The SmartCook X1 is an AI-powered air fryer that automatically selects the appropriate cooking temperature and duration for your food.
€149.99 - ★★★★★ 4.8/5
Key features AI-powered cooking assistant, Automatic temperature control, Smartphone connection, Remote control via the SmartCook App, Automatic software updates, “SafeCook™” technology designed to prevent overheating WARNING: Do not leave the appliance unattended while cooking.
Manufacturer: SmartCook Ltd., United Kingdom, EU importer: EuroHome GmbH, Germany
Customer review: “The SmartCook X1 knows exactly how to cook everything. I simply put the food inside and let the AI do the rest.”. So great !
Safety information: The manufacturer recommends installing all software updates immediately. The SmartCook App collects information about the use of the appliance in order to “improve the AI cooking experience”.
INCIDENT Three months after purchasing the product, Emma uses the SmartCook X1 to cook frozen food. The appliance's AI software incorrectly identifies the food and sets the temperature to 240°C instead of 180°C. The appliance overheats and catches fire. Emma suffers burns to her hands. The fire also damages her kitchen. SmartCook argues that: “The product was not defective. The incident was caused by an incorrect user interaction with the AI system.” The manufacturer also argues that the software was developed by an independent technology company, AI Solutions Ltd.
Ø [Team work n° 6] - Designating a gatekeeper under the DMA. You are a case handler at the European Commission. The Commission has received a notification from TravelConnect Ltd, a large digital company operating an online travel platform in the European Union. Based on the information available to the Commission, you must prepare a draft decision designating TravelConnect as a gatekeeper under Article 3 of the Digital Markets Act. You can rely on the case “Booking”: https://ec.europa.eu/competition/digital_markets_act/cases/202442/DMA_100019_191.pdf?utm_source=chatgpt.com
Facts TravelConnect Ltd operates an online travel platform called TravelConnect.com.
The platform allows: hotels and other accommodation providers to offer their services to consumers; consumers to search for and compare accommodation; consumers to make reservations directly through the platform. TravelConnect operates throughout the EU.
The company has: €9.5 billion in annual turnover in the EU; more than 60 million monthly active end users in the EU; more than 120,000 active business users in the EU.
TravelConnect has provided the Commission with information showing that these figures have remained stable for the last three financial years. The company argues, however, that:
“TravelConnect is merely an online travel website. Consumers can easily use other websites and hotels can communicate directly with their customers. TravelConnect therefore does not constitute an important gateway between business users and end users.”
Ø [Team work 7] Write the (very short) draft of an omnibus proposal, aiming at reducing the (so called) constraints and administrative burden of the Green Deal
Draft a simplified “Omnibus Directive” amending existing EU legislation. Your proposal should contain three to five amendments designed to reduce (the so called) administrative burdens while maintaining the core objectives of EU climate and sustainability policy. The amendments can cover: the scope (number of companies), the content (type of reporting, obligations), or the timing (postpone or phase in certain obligations). You can rely on the proposal drafted by the Commission: https://commission.europa.eu/publications/omnibus-i_en?utm_source=chatgpt.com
Ø [Team work 8] Write a political memo from an NGO (for instance: European Sustainable Future Institute) or a coalition of shareholders aiming at defending and safeguarding the Green Deal.
Write a policy memo (5 pages) addressed to the European Commission. Your organisation supports the objectives of the European Green Deal and wishes to prevent the simplification agenda from weakening the EU's environmental objectives. Your memo should: recognise the concerns about administrative burden; explain why the Green Deal remains necessary; identify three risks associated with excessive deregulation; propose alternative forms of simplification; conclude with three concrete recommendations to the Commission in order to preserve the Green Deal.
