69917 - Comparative Labour Law and Transnational

Learning outcomes

In the first part of the course will be focused on a group of topics of particular importance for international labour law, like discriminations, in particular discrimination connected to religion, and on the social rights. In the second part the course will be focused on industrial relations, comparing the disciplines of our system with those provided in other legal systems and having as a reference the rules of the European Union and those transnational, where applicable, to understand and verify alternative solutions to be tested in the national context.

Course contents

The course, firstly, will seek to shed light both on the comparative method and the main issues and concepts that will be discussed afterwards.

In the first part, the course is focused on religious discriminations, with particular attention for European and Balkans Coutries. The attention will be put also on the social rights.

In the second part, the course is focused on the study of the topics of collective bargaining in Spain, France, Germany and the UK, as well as in Italy. The course will proceed with the presentation of the Spanish, French, German and British systems, highlighting the undoubted differences and common profiles with respect to the Italian system. The purpose of such a comparison - in our system of industrial relations, recently affected by a deep change - is the knowledge of principles, solutions and practices developed in different jurisdictions, in order to verify how in practice they work and wether it would be possible to be applied in Italy.

Readings/Bibliography

Students non attending the lessons will prepare for the oral exam studying texts below:

- for the first part: 

Essays:

1. Franco Focareta, Dimensione europea e riduzione dei diritti sociali, in Inchiesta, 2015, n. 190, p. 64 e ss.;
2. Giovanni Amoroso, Libertà di culto e principio di “neutralità” nella prestazione di lavoro, (nota a Corte di giustizia dell’Unione Europea, 14 marzo 2017, causa C-188/15 Bougnaoui, ed a Corte di giustizia dell’Unione Europea, 14 marzo 2017, C-157/15 Achbita, in FI, 2017, IV, c. 239 e ss.);
3.  Franco Focareta, La tutela della libertà religiosa e di coscienza del lavoratore: adempimenti dell’Albania nella prospettiva dell’ingresso nell’Unione Europea, in Federica Botti ( a cura di), L’Albania nell’Unione Europea, tra tradizione e sviluppo della libertà religiosa, Bononia University Press., Bologna 2017, pp. 237 e ss.;

Decisions of the Courts:

1.  CJUE, 20.09.2016 (CJUE - grande sezione) – decisions from c-8/15 P a c-10/15 P Ledra Advertisind e A. / Commissione e BCE (http://curia.europa.eu/juris/liste.jsf?language=it&td=ALL&num=C-8/15%20P);
2.  CJUE, 21.12.2016 (CJUE- grande sezione)- decision C- 201/15 Aget Iraklis (https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A62015CJ0201);
3. Decision 11.02.2020 of the European Social Rights Committee on the collective complaint n°158/2017 (https://www.lavorodirittieuropa.it/images/Reclamo_collettivo_158_2017_IT_1.pdf);
4. Sentenza Corte Costituzionale n. 194/2018 in tema di Jobs Act (https://www.cortecostituzionale.it/actionSchedaPronuncia.do?anno=2018&numero=194);
5. Sentenza Corte Costituzionale luglio 2020 (comunicato 24 giugno 2020) in tema di Jobs Act;
6. Sentenza Tribunale di Bologna n. 2359/2020 del 9.04.2020;
7. Sentenza Tribunale di Norwich – Case Number 3331129/2018 concerning vegan ethical and philosophcal discriminations;
8. Sentenza Corte Suprema degli Stati Uniti d’America BOSTOCK v. CLAYTON COUNTY, GEORGIA del 15.06.2020 (https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf).

- For the second part:

1. The most recent edition of M. Magnani, Diritto sindacale europeo e comparato, Torino, Giappichelli.

- For the Students that follow the lessons (at list 2/3 of the lectures)

- for the first module the materials will be uploaded to "AMS campus" (https://campus.unibo.it/);

- also for the second module the materials will be uploaded on "AMS campus" (https://campus.unibo.it/). The week before the discussion of each collective bargaining system, the relative materials will be loaded, so that the lessons can take place in a seminar form with a constructive comparison between students and teacher. The materials will be mainly in Italian, with some reading in English.

At the end of the lessons, a list of materials that attending students will have to prepare for the exam will be prepared.

In order to adequately follow the lessons, students are required to have knowledge of the Italian discipline of the different institutes that will be treated in class.

Teaching methods

The course will consist of oral lectures and seminars for the discussion of the materials provided, hoping for the participation of students to the comparative method.

In the first module, the lectures will alternate seminar moments during which students will present normative, contractual and jurisprudential materials.

In the second module, after a presentation of the fundamental characteristics of the individual collective bargaining system, students are asked to intervene to identify the peculiarities of the system treated and compare it with those already studied in depth.

Active participation of students is required in both modules.

At the end of the lectures, Students who will have attended at least 2/3 of the lessons will be considered "attending students".

Information about University guidelines about first semester's teaching methodologies can be found at the following web site: https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

Assessment methods

There will be an oral exam on the readings recommended.

For non-attending students, the exam will be divided into three questions, aimed at assessing the degree of understanding of the topics covered by the program.

For attending students, the exam will take place in oral form and will be articulated on different questions relating to the issues covered in class in the two teaching modules. The mark will be represented by the average of the assessments obtained by answering the questions relating to each module. Presentations made during the lessons and active participation in the course will be considered for the purpose of assigning the final mark.

Teaching tools

In order to better understand the diversity of legal frameworks and to enhance the quality of comparison, much care should be taken to identify and accurately translate legal concepts that arise in the legislation, doctrine and jurisprudence of the countries under comparison.

Office hours

See the website of Franco Focareta

See the website of Ester Villa

See the website of Ester Villa