OBIETTIVI FORMATIVI

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.

MODALITA' DIDATTICHE

The course is designed to provide students with an essential and critical knowledge of EU labour law that is nowadays a fundamental part of every European Member State’s national law. The course is particularly focused on (1) EU different sources of labour law and the role played  by the ECJ and by social partners; (2) Freedom of movement; (3) Nondiscrimination and equality of treatment; (4) Flexible work (Part-time, fixed-term and agency work); (5) Workers’ participation in firms’ restructuring and in the decision-making process (collective redundancies, transfer of undertaking, European Work Councils, Societas Europaea); (6) Conflict between economic freedoms and social rights. Comparative research will be always taken into account.

PROGRAMMA/CONTENUTO

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 socalled 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.

TESTI/BIBLIOGRAFIA

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

• A.C.L. Davies, EU Labour Law, Edward Elgar Publishing, 2012 (Except Part I, § 1),  pp. 238.
• B. Bercusson, European Labour Law, 2nd Edition, Cambridge University Press, 2009, chapter 21, pp. 663-714.

Readings for non-attending students 

•  A.C.L. Davies, EU Labour Law, Edward Elgar Publishing, 2012, p. 1-269.
• B. Bercusson, European Labour Law, 2nd Edition, Cambridge University Press, 2009, chapter 17, pp. 521-562; chapter 21, pp. 663-714.