LEARNING OUTCOMES

The aim of the course is to provide participants with a knowledge of various aspects of EU labour law and with the ability to present and discuss some of the most important judgments in this field. Particular attention will be paid to directives and measures adopted by the European Union and to important judgments delivered by the European Court of Justice. Among the most relevant topics, we may mention: the free movement of workers; equality directives and prohibition of discrimination in employment and occupation; the contract of employment (Working Time Directive, Part-Time Work, Fixed-Term Agreements); employment protection (collective redundancies, transfers of undertakings, insolvency); workers participation in the decision-making process (information and consultation rights; European Work Councils; Societas Europaea); conflict and balance between economic freedoms and fundamental social rights.

AIMS AND LEARNING OUTCOMES

EU labour law  is designed to provide students with a thorough grounding in all major fields of labour law at EU level. Notably, it aims to provide specific skills and knowledge in the following topics:

• The development of EU labour law from and historical perspective;
• The sources of EU labour law with particular regards to the EU Charter, the EU Social Pillar and the Treaties;
• The problematic conflictual relationship between economic freedoms and social rights (particularly, right to collective bargaining and right to strike);
• EU antidiscrimination law and its impact at national level;
• EU legal regulation of flexible work and its impact at national level;
• Collective redundancies, Transfer of undertakings and different forms of workers participation to the business decision making process.

At the end of the course, students will be expected to have:

• Acquired a general knowledge of the main principles and rationales underlying EU labour law and, broadly, the process and strategy of construction of the EU social dimension and integration;
• Acquired a more specific knowledge on some fundamental labour law issues such as anti-discrimination law;
• Acquired the sensibility and capacity to make an independent assessment of EU social policies and their impact at national level;
• Acquired knowledge and skills to understand the problematic conflict between economic freedoms and social rights and the different solution provided at EU and national level;
• Acquired the ability to read and interpret judgments of the EUCJ and the judicial dialogue between the EUCJ and domestic courts;
• Given a presentation of one or more judgments of the EUCJ;
• Become more confident with the problem of comparing different legal systems particularly when dealing with collective social rights, deeply rooted in the different cultural, economic, political and social contexts.

TEACHING METHODS

The course is entirely taught in English language with the support of power point presentations. Attending students are required to actively contribute to the discussion of judgments of the EU Court of Justice and other teaching materials. Attending students may also give a presentation discussing one or more judgments of the EU Court. In the light of the strong participation of Erasmus students, comparison between different legal systems is also developed; notably, students are invited to explain their different legal perspectives and interpretations of some common problems and issues.

SYLLABUS/CONTENT

1. Introduction. European Labour Law, EU Labour Law and the Development of the European Social Model; 2. Free Movement of Workers; 3. Equality Law – Development and Principles; Equal Pay; Equal Treatment; 4. EU Labour Law and the so-called Atypical Work (Fixed-term work and agency work); 5. The Non-Regression Clause and the Principle of Favor in EU Law; 6. Employment Rights in Firms’ Restructuring (Transfer of Undertakings and Collective Redundancies); 7. Workers Participation in the Decision-Making Process (European Work Councils and Societas Europaea –SE); 8. Regulatory Competition and Conflict between Economic Freedoms and Collective Social Rights; 9. Labour Rights as Human Rights in the EU Social Model.

RECOMMENDED READING/BIBLIOGRAPHY

Readings for attending students (80% of presence during the course)

• A.C.L. Davies, EU Labour Law, Edward Elgar Publishing, 2012.
• articles used curing the course.

Readings for non-attending students 

•  A.C.L. Davies, EU Labour Law, Edward Elgar Publishing, 2012.
• B. Bercusson, European Labour Law, 2nd Edition, Cambridge University Press, 2009, chapter 17, pp. 521-562; chapter 21, pp. 663-714.