Law, Economy and Politics: New Challenges

Recommended Prerequisites

NA

Teaching Methods

Classes will be both theoretical and practical. They will be planned so as to introduce the themes and topics of the programme, to address and discuss illustrative cases and the discussion of pre-defined themes/ topics, with the active involvement of the PhD students.

Learning Outcomes

The general objective of this Course is to provide PhD students with critical perspectives on the legal and institutional bases of public policies in the economic sphere in the European Union (EU) and in Portugal. Law will be held in its double function as an instrument, and a framework/context of economic policies and of markets. This will be exposed against the background of the current movement from a “market economy” to a “market society” (Sandel, 2013). Economic constitutionalism, together with the evolutionary dynamics of the state and of its means of economic and market intervention will be examined in the light of two key dilemma, i.e.: State vs. market; economic policy goals vs. pursuance of extra- economic values. Tensions between regulation/deregulation/self-regulation will be discussed in view of case studies, namely, competition law and regulation; new regulatory challenges, i.e. environment and sustainable development; the digital economy.

Work Placement(s)

No

Syllabus

1. Law, Economics and Public Policy (I)
Economic law at the service of the market or as an instrument of the regulation of economic activities aiming to let the general interest prevail? Regulation, deregulation, re- regulation, self-regulation.
2. Law, Economics and Public Policy (II)
Brief historical perspective on the relationships between law and the economy. Economic constitucionalism. Economic law, economic integration and globalisation. The UE as a “regulatory state”. The financial and economic crisis, public policies and the rule of law.
3. The Regulatory State. Access to economic activity. Competition regulation in the EU and in Portugal. The role of competition authorities.
4. New regulatory challenges: sustainable development, the digital economy
Sustainable development: prevention and precaution; stakeholders participation; risk evaluation, communication and management. Regulatory instruments.

Assessment Methods

Assessment
Participation: 40.0%
Exam: 60.0%

Bibliography

GONÇALVES, M. E. (2006), “Entre as lógicas do mercado e da sociedade da informação: Novas tendências da propriedade intelectual na Europa”, in Estudos Jurídicos e Económicos em Homenagem ao Prof. Doutor António Luciano de Sousa Franco, Vol. III. Coimbra: Coimbra Editora, p. 59-85.

GONÇALVES, M. E. (2012), “Risco e Estado em Portugal: da gestão de crises à regulação de processos”, in J. M. Mendes e P. Araújo (org.), Os Lugares (Im)possíveis da Cidadania, Estado e Risco Num Mundo Globalizado, Coimbra, Almedina, 2012, p. 235-252.

MAJONE, G. (1996), “The rise of statutory regulation in Europe”, in Regulating Europe, Londres, Routledge, p. 47-60.

SANDEL, M. (2013), What Money Can’T Buy, The Moral Limits of the Market, Nova Iorque, fsgbooks.

SANTOS, A. C., M.E. Gonçalves e M. M. Leitão Marques, Direito Económico. Coimbra, Almedina, 2014, 489 págs. (7a edição).