Business Law Course Department of Business and Law, University of Siena Dr Gabriella Gimigliano, Senior Researcher in Business Law Business Law Course, 2017 - 18

Union – Member States Relationship Art. 3 TFEU: exclusive competence of the Union Art. 4 TFEU: competences shared between the Union and the Member States Art. 6 TFEU: competences that still rest with the Member States and the Union may only take actions to «support, coordinate or supplement» Art. 5 TFEU: When the Union takes a regulatory action in an area belonging to the «shared competence» (art. 4 TFEU), the action will comply with the following principles: (i) principle of conferral; (ii) principle of subsidiarity; (iii) principle of proportionality Art. 4 TEU: principle of sincere cooperation (between the Unione and the Member States)

The EU Law Sources of Law Rules Primary Sources of Law (above all, Treaty provisions) Secondary Sources of Law (Regulations, Directives, Decisions) Soft Laws (Communications, Recommendations) The Role of the European Court of Justice Teleological method Doctrine of effectiveness

The EU Law Distinguishing Features: Economic and social aspects prevail on legal aspects and it is an instrument of social and economic policies; Administrative law Product of bureaucracy, while the legislative and judicial activities are of less importance

Treaty Provisions on business Which Treaty Provisions deal with business and business law? ENTERPRISE(42) COMPANIES(49,50,54,55) UNDERTAKING (27,32,49,101,102,106,179,180,183,187, 195,protocol on the EIB) FIRM (166, 54, 55)