1. Business Law Course
Department of Business and Law, University of Siena
Dr Gabriella Gimigliano, Senior Researcher in Business Law
Business Law Course,

2. 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)

3. 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

4. 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

5. 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)