77098 - European Labour Law

Course Unit Page

Academic Year 2018/2019

Learning outcomes

The course is designed to give students a general overview and understanding of the essential features of European labour law in its interaction with and influence on domestic labour law regimes, and to enable students to master the key concepts and institutional aspects and apply their knowledge to new issues within the field of study. The goal of the course is to understand labour law issues in a comparative perspective as well as in the interaction between national legislation and EU law. In this context the course focuses on the study of: the evolution of European labour system, its national, transnational and global framework, fundamental social rights, free movement of workers, equal treatment, conditions of employment, atypical forms of employment, European social dialogue and collective bargaining, worker participation, dismissals and transfer of undertakings, the impact of the financial crisis on the European social model, industrial democracy.

Course contents

The course will start with a detailed analysis of the social provisions of the Treaty on the Functioning of the European Union – TFEU aimed at highlighting, on one side, the essential role of labour law in the framework of EU social policy and, on the other side, the special features of the EU decision making process in the area of labour law and in particular the role of social partners at European level.

After and on the basis of this general introduction, ten different sub-sectors of EU labour law will be examined from the point of view both of legislation enacted by EU Council and Parliament and implementing case-law by EU Court of justice: free circulation of workers; coordination of Members States social security systems; EU coordination rules on employment contracts involving a transnational element; posting of workers from a EU Member State to another Member State; working time; protection of safety and health at work; protection of workers’ rights in the framework of «atypical» employment contracts namely part-time and fixed-term contracts; protection of workers in case of collective redundacies, transferts of undertakings and employer’s insolvency; prohibition of discriminations at work in particular between men and women; information and consultation of workers’ representatives.

With respect to the persisting migrations crisis, also will be examined the EU legislation at present in force on legal immigration from third countries and the recent proposals for reforming it.

 

Readings/Bibliography

Roger Blanpain, "European Labour Law" (14th edition), Kluwer Ed. 2014; 

A. Bogg, C.Costello, A.C.L. Davies "Research Handbook on EULabour Law", Edward Elgar Ed., 2017;

F. Carinci - A.Pizzoferrato (a cura di) "Diritto del lavoro dell'Unione europea", Ed. Giappichelli, 2018 (second edition)

Karl Riesenhuber "European Employment Law" Intersentia - Cambridge 2012

Catherine Barnard  "European Employment Law" Oxford University Press - 2012 

Monica Schlachter "EU Labour Law - A commentary" Wolters Kluwer - 2015

Philippa Watson "EU Social and Employment Law" - Oxford University Press 2014

 

Teaching methods

The course will be as interactive as possible.

"Moot courts" will be proposed on the basis of cases actually dealt with by the EU Court of justice, to allow students to reproduce a hearing before such Court under the professor's supervision.

Students will be also requested to read recent European Commission legislative proposals and communications and to explain them to the other fellow-students.


Assessment methods

Students' learning will be constantly assessed through discussions, "moot courts" (reproduced EU Court hearings) or short oral reports either on European Commission documents or on articles about specific legislative acts.

Teaching tools

Teaching tools (EU Court of justice judgments, European Commission documents, bibliographical references) will be provided to students through the online platform AMS Campus.

Office hours

See the website of Enrico Traversa